HomeMy WebLinkAboutPCP 04-06-2005
'i,
Chair ~ 1245 W. Highway 96
David Sand ~HILLS Arden Hills, MN 55112
ommissioners
Ken Bezdicek 651.634.5120
Fran Holmes Arden Hills www.ci.arden-hills.mn.us
Clayton Larson Planning Commission
Liz Modesette
Roberta Thompson Wednesda , A rit 6, 2005
Cia on Zimmerman
City Vision
A strong community that values our unique envirorunen~ our fiscal soundness,
and our tradition as a desirable city in which to live, work, and la .
Agenda
Planning Commission Convenes 7:00 PM
Can to Order
1. AGENDA
2. MINUTES
A. March 2, 2004 Meeting
4. PUBLIC HEARINGS
A. Planning Case 05-10: Ramsey County, Ramsey County & Partners Public Works Facility and Sheriff
Station, 1425 Paul Kirkwold Drive; Sign Standard Adjustments
B. Planning Case 05-11: Roland Katjalahti, 1137 Edgewatei Avenue; Front/Side Yard Comer Setback
Variances
5. UNFINISHED AND NEW BUSINESS
A. Planning Case 05-09: David Radziej and Roger Sabot, 4365 and 4367 Lexington Avenue; Driveway
Variances
S. Discussion on Fence Height
6. REPORTS
7. ADJOURNMENT
A quorum of the City Council may be present at this meeting.
.~
DRAFT MINUTES
CITY OF ARDEN HILLS, MINNESOTA DRAFT
. PLANNING COMMISSION
WEDNESDAY, MARCH 2, 2005
7:00 P.M. - ARDEN HILLS CITY HALL
CALL TO ORDER
Chair Sand called the meeting to order at 7:09 p.m.
ROLL CALL
Present were Commissioners Clayton Larson, Ken Bezdicek, Clayton Zimmerman,
Roberta Thompson, and Chair David Sand.
Absent: Commissioner Elizabeth Modesette.
Also present were Councilmember David Grant, Community Development Director,
Scott Clark, City Planner Peter Hellegers, and Recording Secretary Kathleen Altman.
A. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING
HELD ON FEBRUARY 2. 2005.
. Commissioner Zimmerman requested the following changes: Page 2, third paragraph
from the bottom, change Commission to Commissioner. Page 5, 4th paragraph from the
bottom should read: "Commissioner Zimmerman asked if applicant was not requesting a
variance and a building permit was issued would this conforming..." Page 5, last
paragraph, 20th sentence, to read: "He indicated one of the other problems they were
facing was that the lot line was about 20 feet in from the edge of the road and that had
created that on one edge their house 11 was 33 feet..." Page 8, first paragraph, first
sentence, to read: "Chair Sand asked how this area would look once..." Page 8, 7th
paragraph, first sentence to read: "Commissioner Larson asked if the potential developer
had noticed that on the other side of 3SW there were three..." Page 11, first paragraph,
first sentence to read: "things they had to balance was to make this project economically
feasible and there would probably be some..." Page II, first paragraph, second sentence
to read: "He stated this plan would offer a wide variety of housing types that might or
might not be.. .". Page 11, last paragraph, first sentence to read: "Mr. Clark stated the
principal of the Vento plan was that they recognize that there would..." Page 12, first
paragraph, first sentence to read: "Chair Sand stated he understood if they looked at the
whole 2400 acres, the eastern half would remain as open space and even in that area there
was discussion as to whether it would be active or passive open space and he believed the
passive open space had a greater influence on the outcome." Page 13, Sth paragraph,
second sentence to read: "While the temporary banner signage is all that had been
requested at this time, staff..."
. Commissioner Zimmerman moved, seconded by Commissioner Larson to approve the
February 5, 200S minutes as amended.
The motion carried unanimously (S-O).
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ARDEN HILLS PLANNING COMMISSION - MARCH 2,2005 2
PUBLIC HEARINGS .
A. PLANNING CASE #05-09: DAVID RADZIEJ AND ROGER SABOT. 4365 AND
4367 LEXINGTON AVENUE; DRIVEWAY VARIANCES
Mr. Hellegers stated applicants were requesting variances to allow them to maintain the
existing shared driveway and add an additional driveway for each of the applicant's
properties in the City. Staff recommended approval based on the following conditions:
1. The applicants shall submit Zoning Permits with plans to the Building Official a
minimum of two (2) weeks before the planned start of construction.
2. The applicants will require approval from Ramsey County for the cub-cuts prior
to the installation of any new driveway.
3. The driveways shall be constructed to meet the City standard width of a l2-foot
minimum and a 22-foot maximum.
4. There shall be at least 60 feet between each driveway access.
5. Parking shall comply with the Arden Hills Zoning Ordinance requirements of
no parking on any areas except for driveways and parking lots, and shall not
have more than 4 vehicles may be parked on any driveway.
Commissioner Zimmerman asked why previous conditions that had not been met had not
been checked on. Mr. Hellegers replied he did not know why those conditions had not
been checked up on by staff in 1995. .
Commissioner Zimmerman asked whose responsibility was it that conditions imposed on
the property were met. Mr. Hellegers replied it was City staffs responsibility.
Chair Sand stated there was an e-mail received from a neighbor on 1090 Amble Drive
objecting to the request on five grounds.
Commissioner Bezdicek asked why where they retaining the existing driveway and
adding two additional ones. Mr. Hellegers replied it would provide better access for the
applicants.
Chair Sand asked if there was anything in the Zoning Ordinance or the Comprehensive
Plan that would limit the addition of a driveway here. He noted mature trees would be
lost to make room for the new driveways. Mr. Hellegers replied there were no conditions
protecting those trees.
Chair Sand asked if it would be a right turn in and right turn out. Mr. Hellegers replied
that was correct.
Commissioner Larson asked who created the hardship. Mr. Hellegers replied this was
done by a previous owner.
Commissioner Larson asked if they had originally agreed to the shared driveway. Mr. .
Hellcgers replied that was correct.
Commissioner Larson noted with Lexington being a commuter street, he assumed the
reason for the shared driveway was to eliminate accesses on Lexington. He stated it
ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 3
. appeared to him that whoever built these homes did not comply with the conditions of
approval and because they did not comply, they were being asked to add two more access
to this. Re indicated they had never tried this and now there would be no left turns. He
stated it seemed to him that whoever did the initial construction did not follow the
direction of the conditions of approval.
Commissioner Larson stated since each of these homes were allowed to have an access to
the street in front of it, the site could have been modified to allow a driveway for each of
these houses and that could be approved by staff. Mr. Hellegers replied Council would
have needed to remove the original condition of approval. He noted one of the problems
with a shared access drive was the 20 foot access point, which was a tight access point.
Commissioner Thompson asked if a turnaround option was looked at. Mr. Hellegers
replied that option had not been discussed and he could not find any prior documentation
regarding that option.
Commissioner Zimmerman asked how wide the existing driveway was. Mr. Rellegers
replied the existing driveway was 20 feet.
Commissioner Zimmerman noted it appeared the driveway was at least 2 cars wide.
Chair Sand asked if they had looked at the option of widening the existing driveway. Mr.
. Rellegers replied they had not looked at that option. He noted both the County and the
applicants had indicated it was a problem for a single access point and that was the reason
they had not looked at that option.
Chair Sand noted widening the existing driveway would save a lot ofthe vegetation.
Chair Sand opened the public hearing at 7:35 p.m.
Chair Sand invited anyone for or against this application to come forward and make
comment.
Email dated February 19, 2005 from Aladin Hassan, 1090 Amble Drive, Shoreview:
"1. More driveways on Lexington Ave at that spot is creating more dangerous situation
for everyone going south on Lexington from east of Amble Dr. because the only way
to get to the free way 694 is to turn south on Lexington.
2. It is already very bad during rush hours at the present time.
3. My understanding everywhere is eliminating the number of driveway access on busy
roads for PUBLIC safety reasons and the plan I received in the mail showed that there
will be THREE DRIVEWAYS instead of ONE '!!
4. I'm sure it is more hazardous for that very busy main road.
5. How many driveways in very short distance (and close to two cross sections) the
drivers on that Extremely busy rood (sic) will be watching ??? And if the city agree
. on that whey (sic) they want to retain the existing driveway isn't bad enough now?
I hope the city of Arden Hills does not approve that plan... Thanks."
Kathy Rodziej, 43565 Lexington Avenue, stated they had lived in their home for six
months and previous to them moving in the home had been owned by a single person.
ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 4
Beverly Sabot, 4367 Lexington Avenue, stated it was difficult to make the turn into the .
driveway with the speed limit of 40 mph on Lexington Avenue. She noted there the
Rodziej's had teenage drivers and this was a safety issue.
Roger Sabot stated two huge mature trees would need to be removed if they widened the
driveway. He noted the driveway was not wide enough for two cars to go in and out
comfortably. He believed the driveway was 22 feet. He stated they were the first owners
after the people who originally built it. He noted putting in two additional driveways
would not take out any substantial vegetation.
Chair Sand noted for safety purposes, it might be safer to eliminate the existing driveway
and put in the two new driveways. Ms. Rodziej stated in that type of a situation, they
would have to go past their garage and would need to turn around to get into their garage.
She noted they also had recreational vehicles where it would be difficult to get into the
driveway if the existing driveway was eliminated.
Commissioner Zimmerman asked if they had talked about a turnaround. Ms. Rodziej
stated tonight's meeting was the first time they had heard about a turnaround.
Chair Sand asked if this were to be approved, who would approve the geometry of the
driveway to ensure it was angled properly onto Lexington. Mr. Hellegers replied the City
Engineer and/or the Ramsey County Engineers would need to work out the geometry of .
the driveways.
Commissioner Bezdicek stated more driveways on a busy road were more dangerous.
Ms. Rodziej stated they would enter in the center driveway and exit out the other
driveway.
Mr. Sabot replied they felt they could get into the traffic on Lexington A venue faster with
their proposal. He expressed concern that the speed on Lexington A venue would
increase, which will also make the existing driveway unsafe.
Ms. Sabot noted most of their vegetation was removed when the sewer system came
through.
Mr. Sabot indicated they wanted to preserve their large trees.
Commissioner Thompson stated the natural tendency would be to take the first driveway.
She expressed concern that if these homes were sold at some point in the future, the new
owners may not be as cooperative.
Letter from Leonard E. Gallus, 1104 Amble Drive, dated February 21, 2005:
"l. I need to have further information to understand how an extra 12' x 100'
driveway extension starting by my backyard, and angling across the front of the .
property and connecting to the existing driveway will help the Sabots to access
Lexington Ave. They still can only turn to the right and go South at any of the
driveways.
ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 5
. 2. When these 2 lots were developed some 7 years ago, it was my understanding that
for safety reasons there would be a common entrance to the residences. Today,
with increased traffic flow on Lexington Ave. the addition of two entrances could
make for an even less safe condition than was thought of 7 years ago. This would
be a short distance on a roadway like Lexington and could add to motorist
confusion.
3. The entire neighborhoods of Karth Lake Hills and Karth Lake Estates are able to
access Lexington Ave. with little backup and only 2 entrances/exits to Lexington
Ave.
Additional Concerns:
Trees and natural woodland removal
Lights from vehicles using the Sabot driveway shining into my backyard
Water runoff toward my yard; their property elevation is slightly higher than mine
ViSual privacy
My home value
It has recently come to my attention that the Sabot residence is not complying with some
Arden Hills residential regulations.
The Sabots have conducted an internet shopping business out of their Lexington Ave.
. home since shortly after moving in. (about 4 years) Apparently clients come to their
home to learn how to use the internet site and do their own business. This business seems
to be sporadic, and has been less activity recently.
I have been recently informed by Peter HeIlegers of the following regulations regarding
home businesses:
1. A license is needed
2. Driveways should not have more than 4 cars on them
3. Time restrictions for conducting the business
The Sabots have not complied with the above regulations.
At times the Sabot's have customers whose cars take up their driveway and sometimes
require additional parking in front of my house on Amble Drive.
The days of the week vary, but it seems that most activity is on the weekends.
The time is generally early evening, and ending usually by 1 1 :00 PM
I am very concerned that the real need for the driveways is for their business concerns. If
they get the additional driveway and are able to use the new extension for business
. parking, I will at times have a parking lot view from both inside my home and even more
lack of privacy in my backyard."
Chair Sand closed tbc public hearing at 7:52 p.m.
ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 6
Commissioner Larson moved. seconded by Commissioner Zimmerman to recommend .
denial of Planning Case No. 05-09: David Radziej and Roger Sabot, 4365 and 4367
Lexington Avenue; Driveway Variances, reasons for denial: 1. The lack of detail plans
and the engineering necessary to show exactly what the dynamics of the access are going
to be. The owners have the opportunity to work this out between the City and the County
Engineers and come up with a better engineered plan than submitted. 2. The shared
access was a condition of approval for the original development of the site and other
conditions of approval, which was the turnaround was not met, so therefore, the
Commission did not know how the site functions if that condition was in place. 3.
multiple accesses to the property and the proximity to the Victoria and Amble
intersection would be more confusing and dangerous to traffic on Lexington Avenue and
to the occupants.
Commissioner Larson believed the applicants did have access problems and he could
look much more favorably on this if there were detailed engmeenng plans.
Commissioner Thompson agreed.
Commissioner Zimmerman understood applicant's thoughts wanting two additional
driveways, but he did not see how the logistics would work.
Chair Sand stated he believed it was not the applicant's fault that the turnaround was not
put in, but this should have been taken care of at the time the building permit was issued.
He shared the other Commissioner's concerns and indicated he might be more amenable .
going along with this proposal with detailed Engineering's plans.
The motion carried unanimously (5-0).
Roger Sabot stated they were not informed by the County that they needed a detailed
drawing; that they only needed a sketch, which is what they presented.
B. PLANNING CASE 05-06: CITY OF ARDEN HILLS, 1245 W. HIGHWAY 96;
CITY CODE OF ORDINANCES AMENDMENT FOR THERAPEUTIC
MASSAGE.
Mr. HelIegers stated staff was recommending repealing eXlstmg City Code Section
330.03 relating to massage, rap, and sauna parlors; adopting proposed Section 330.04
relating to Massage Therapy Establishments and Massage Therapists; and Amending
Sections 5.E and 10.G of the Zoning Ordinance to reference Massage Therapists and
Massage Therapy Establishments.
Chair Sand requested a distinction be put in that the license went with the person and not
the house, so if new owners were to come in and they wanted licensing, they would need
to acquire it.
Chair Sand opened the public hearing at 8: I3 p.m. .
Chair Sand invited anyone for or against this Ordinance to come forward.
Corrine Vahle, 1365 Arkwright St. #201, St. Paul, stated she was licensed in New
Brighton and she had just surrendered her St. Paul license because the office where she
ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 7
. was working at was closing. She indicated she was in attendance tonight to see what the
City's licensing requirements that were being proposed. She stated she liked the
extension of the hours and that there was a requirement for a waiting room for the
patrons. She noted she was also in agreement with the fees being proposed.
Chair Sand closed the public hearing at 8: 18 p.m.
Commissioner Zimmerman moved, seconded by Commissioner Larson to approve
Planning Case No. 05-06: City of Arden Hills, 1245 W. Highway 96; City Code of
Ordinances Amendment for Therapeutic Massage and repealing existing City Code
Section 330.03 relating to Massage, Rap, and Sauna Parlors; adopting proposed Section
330.04 relating to Massage Therapy Establishments and Massage Therapist; and
amending Sections 5.E and 10.G of the Zoning Ordinance to reference Massage Therapist
and Massage Therapy Establishments.
After further discussion Commissioner Zimmerman withdrew his motion to restate it and
Commissioner Larson withdrew his second.
Commissioner Zimmerman moved, seconded by Commissioner Larson to recommend
Planning Case 05-06 approval based on staffs recommendations for repealing Section
330.03 of the City Code relating to Massage, Rap, and Sauna Parlors and new Section
330.04 relating to Licensed Therapeutic Massage and approving Zoning Amendments
. numbers 1 and 2 to allow for massage as a special use, not permitted use, or permitted
use in certain Zoning districts.
The motion carried unanimously (5-0).
C. PLANNING CASE 05-08: CITY OF ARDEN HILLS, 1245 W. HIGHWAY 96.
SIGN ORDINANCE AMENDMENTS FOR ATHLETIC FIELD SIGNAGE AT
BETHEL UNIVERSITY. NORTHWESTERN COLLEGE, AND MOUNDS VIEW
HIGH SCHOOL
Mr. Hellegers requested the Commission consider staffs recommendations to amend
Ordinance No. 333 "An Ordinance Regulating Signage Standards within the City of
Arden Hills" to establish standards for athletic field signage at Bethel University,
Mounds View High School, and Northwestern College where such signage is visible
from a public roadway or property outside of these educational institutions.
Mr. Hellegers stated representatives from Mounds View School District approached the
City about the possibility for athletic field signage on the Mounds View High School
property late in 2004. At their meetings on December 2004, January 2005, and February
2005, the Planning Commission discussed the issue of whether athletic field signage
should be regulated by the Sign Ordinance and if regulated what standards should be
applied. At their February 2005 meeting, the Planning Commission reviewed proposed
. amendments to the Zoning Ordinance to address the issue of athletic field signage and
rccommended certain changes to the proposed language. Subsequent to the February
meeting, staff sent copies of the proposed language to representatives at Bethel
University, Mounds View High School, and Northwestern College and asked for their
input on the proposed language. Representatives from Bethel University recommended
that the Temporary Sponsorship Banners be increased slightly in size and also stated that
ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 8
the land should include an "if visible" clause to regulate the signage. The signs that are .
not visible would not be subject to the regulation; those that are would have to comply
with the new size standards and would be required to file sign permit applications as
described in the ordinance. In addition, members of the Planning Commission
recommended that the "if visible" clause should establish who was determining if the
signage was visible. Staff has included language that would ultimately give that authority
to the City Councilor City Administrator.
He recommended approval of the seven Sign Ordinance Amendments as proposed.
Commissioner Larson recommended they designate a certain staff member or designee to
look into the signage. He noted as it was worded that City Councilor City Administrator
shall determine if the signage is visible was poor wording for an Ordinance.
Chair Sand opened the public hearing at 8:30 p.m.
Chair Sand invited anyone for or against the variance to come forward and make
comment.
Bruce Kunkel, 3452 Glen Arden Road and Administrator at Bethel College, thanked staff
and the Commission for their work on this. He believed this would work well for both
Bethel College and the residents.
Chair Sand closed the public hearing at 8:31 p.m. .
Commissioner Larson moved, seconded by Commissioner Bezdicek to approve Planning
Case No. 05-08: City of Arden Hills, 1245 W. Highway 96; Sign Ordinance
Amendments for Athletic Field Signage at Bethel University, Northwestern College, and
Mounds View High School.
The motion carried unanimously (5-0).
D. PLANNING CASE 05-07: CITY OF ARDEN HILLS. 1245 W. HIGHWAY 96.
ZONING ORDINANCE AMENDMENTS FOR 10-FOOT FRONT PORCH
EXCEPTION TO FRONT SETBACK IN R-l AND R-2 ZONING DISTRICTS
Mr. Hellegers requested the Commission consider staffs recommendation to amend
Section 6.C.2.a. of the Zoning Ordinance and insert new section 6.C.2.d into the Zoning
Ordinance.
He recommended approval of Zoning Amendments #1 and #2 to allow for steps, decks,
and ramps as Permitted Encroachments up to 6 feet in all Zoning Districts and to allow
Front Porches as Permitted Encroachments of up to 10 feet, provided that the front porch
is no closer than 30 feet from any front or side lot line, for Single-Family Dwellings.
Chair Sand asked what for the definition of residential street side yard. Mr. Hellegers .
replied that would be a comer property.
Chair Sand asked if they wanted to allow some flexibility in the footing and foundation
materials so it was complimentary to the home. He expressed concern that it might be
ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 9
. too rigid. Mr. Hellegers replied this language was taken from the City of Richfield's
language and he believed that City wanted to have a consistent appearance in the front of
the homes. He indicated he had spoken with the building official about this and he was
okay with either following the Richfield ordinance or not following the Richfield
ordinance.
Commissioner Larson noted a perimeter foundation was a sturdier structure.
Chair Sand stated if they were referring to an enclosed structure, then he could see
needing better footing and foundation materials.
Chair Sand opened the public hearing at 8:46 p.m.
Chair Sand invited anyone for or against the variance to come forward and make
comment.
There were no comments.
Chair Sand closed the public hearing at 8:47 p.m.
Commissioner Bezdicek asked if they were only talking about front yard porches. Mr.
Hellegers replied this would include front yard and side yard porches.
. Chair Sand moved, seconded by Commissioner Thompson to approve Planning Case No.
05-07: City of Arden Hills. 1245 W. Highway 96; Zoning Ordinance Amendments for
10-foot Front Porch Exception to Front Setback in R-1 and R-2 Zoning District. Zoning
Amendments #1 and #2 to allow for steps, decks, and ramps as Permitted Encroachments
of up to 6 feet in all Zoning Districts and to allow Front Porches as Permitted
Encroachments of up to 10 feet, provided that the front porch is no closer than 30 feet
from any front or side lot line, for Singe-Family Dwellings.
The motion carried unanimously (5-0).
UNFINISHED AND NEW BUSINESS
None.
REPORTS
A. Planning Commissioners
Commissioner Larson noted he would not be next month's meeting.
B. Staff
. Mr. Hellegers updated the Commission on upcoming application requests.
C. Council Member
Council Mcmber Grant updated the Commission on recent City Council actions.
ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 10
ADJOURNMENT .
Commissioner Zimmerman moved, seconded by Commissioner Bezdicek to adjourn the
meeting at 9:13 p.m. The motion carried unanimously (5-0).
.
.
I
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~HILLS
MEMORANDUM
DATE: April 6, 2005 PC Agenda Item 4.A
TO: Planning Commission
FROM: Peter Hellegers, City Planner N
:.4--"
SUBJECT: PC #05-10, Ramsey County
1425 Paul Kirkwold Drive (Ramsey County Public Works and Sheriff Station)
Sign Variance
Reauested Action
The applicant is requesting a Sign Standard Adjustment from the Signage Ordinance criteria for
a freestanding monument sign:
. Section 333, Table I -
0 Maximum Area for Freestanding Signs: I09-square foot variance (from 45sq. ft. to 154
sq. ft.)
. 0 Maximum Height for Freestanding Signs: 1.12 foot variance (from 12 feet to 13.12 feet)
Backl!round
Surrounding Area
North Public and Institutional CC: Civic Center District Institutional
R.I: Single Family Residential Single Family Detached
District/
South Neighborhood Business N-B: Neighborhood Business Residential / Vacant /
District Community Commercial
East Public and Institutional CC: Civic Center District Institutional
Public and Institutional (TCAAP CC: Civic Center District
West potential development area - starts Institutional
a x. 1,000 feet west ofRCPWF
Site Data
Public and Institutional
Institutional
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CC: Civic Center District
35 acres (1,524,600 square feet) .
Moderate grade to the western part of the property
Notice
Notice was published in the Arden Hills/Shoreview Bulletin on Wednesday, March 16, 2005 and
notice was prepared by the City and mailed to residents within three-hundred fifty (350) feet of
the subject property.
Backl!round
The applicant has requested a Sign Standard Adjustment for a freestanding monument sign to be
located at the Northwest comer of Hamline Avenue and Highway 96 on the Ramsey County
Public Works Facility and Sheriff Station property. The Ramsey County property forms a large
'L' shape so the area where the buildings are located is setback about 500 feet from the main
access at Hamline Avenue and Highway 96.
Orillinal Sien Plans
The proposed sign would be constructed of the same brick and steel materials used for the
construction of the Public Works and Sheriff Station wings ofthe facility. The sign faces the
southeast comer of Ham line Avenue and Highway 96 as Ramsey County anticipates that the
majority of the people looking for the facility will come from those directions (the location has
since changed to farther west along Highway 96 and the sign has changed from single to double- .
sided so that both directions of traffic can read the sign). Plans submitted by the applicant
indicate a sign with a cabinet area of 174 square feet (this has since changed to 154 square feet)
with brick at the base and along the right (northeast) side ofthe sign. The main source of
illumination would be internal (only the lettering would be lit) but a secondary exterior light
would be make the monument sign glow at night.
A mock-up full-size version of the sign was erected in the approximate location of the proposed
sign on March 25, 2005. Plans for the sign are included in the attachments to this report. Staff
has also included some pictures ofthe mock-up in the attached materials to allow the Planning
Commission to see what the sign would look like in context.
Revised Sif!n Plans
On March 30, 2005 Ramsey County submitted some revised plans for Planning Commission
consideration. While the plans provided do not include all of the same details as the original
proposals, they do illustrate the proposed reductions to the size of the sign. In general the
revised plans show a shorter monument sign (13.12 feet versus the originally proposed 15.42),
smaller sign cabinet (154 square feet versus the originally proposed 174), a switch from a single
sided sign facing the southeast comer of Ham line Avenue and Highway 96 to a dual-faced sign
which faces the east-west direction of Highway 96. Ramsey County has indicated that they will
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. have additional drawings ofthese revised plans which will be provided to the Planning
Commission for the April 6th meeting.
Sil!n Ordinance Standards
Freestanding Sign age:
Total
Max Area Max Height Monument Lighting
Area *
Sign District 6 45 sq. ft. 12 feet N/A External/Internal
Criteria
Original 174 sq. ft. 15.42 feet 330 sq. ft. External and
Proposed Sil!n Internal
REVISED 154 sq. ft. 13.12 feet 185 sq. ft. External and
Proposed Sim Internal
*Total Monument Area is not a City requirement and has only been included to compare the mass of the sign
strocture.
Sil!n Standard Adjustment Criteria
The signage standards state that a sign standard adjustment may be approved if the following
. criteria of A or B, and the necessary criteria of C are met:
A. There are site conditions which require a sign adjustment to allow the sign to be
reasonably visible from a street immediately adjacent to the street; Or,
B. The sign adjustment will allow a sign of exceptional design or a style that will
enhance the area or that is more consistent with the architecture and design of the
site; And, after finding positively on condition A or B above,
C. The sign adjustment will not result in a sign that is inconsistent with the purpose
of the zoning district in which the property is located.
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Staff Analvsis, Findinl!s. and Recommendation .
Examples of other FreestandinlZ SilZns:
Max Sign Max Monument Total Monument
Area Height Area including Sign Lighting
base
Arden Hills
City Hall 22.67 sq. ft. 5 feet 9 inches 123.63 sq. ft. External
(Sign District 6)
US Army
Reserve 40 sq. ft. 6 feet 60.80 sq. ft. Internal
(Sign District 6)
CUB Foods 100 sq. ft. 16 feet 160 sq. ft. Backlit
(Sign District 5)
Staff Comments
The maximum height for Freestanding Signs in Sign District 6 is 12 feet. The originally
proposed sign would have included a 16.33-foot long by 10.67-foot high sign panel with one
brick side and a brick base for a total height of the monument sign 15.42 feet. The revised
monument sign plans show a 16.33-foot long by 9.42-foot high sign panel with one brick side
and a shorter brick base for a total height of the monument sign at about 13.2 feet. As shown in .
the table above, this is significantly taller than the US Army Reserve sign and the Arden Hills
City Hall sign which both share frontage on Highway 96 like the Ramsey County property.
Furthermore, the proposed sign cabinet, at 154 square feet (original plans were for 174), is larger
than any of the signs listed above and is almost as large as the CUB Foods sign including the
sign base.
The proposed Ramsey County sign would have a sign cabinet which is nearly one and one-half
times that of the CUB Foods sign. The CUB sign is located in Sign District 5 (Grey Fox Road
and Lexington Avenue) which allows for the most freestanding signage in the City and is
primarily a retail area and therefore very reliant on customer walk-in traffic.
A sign for the Public Works and Sheriff Patrol station should have an aesthetic and logistical
appeal. The proposed sign is consistent with the construction materials from the site and
therefore the sign design and building design would be consistent. In addition the sign would
serve as the one sign for many different agencies whose access is located at Hamline A venue and
Highway 96. Having one sign for all of these agencies including the National Guard would
certainly be preferable to several individual freestanding signs. The speed of the traffic on
Highway 96 and the need to accommodate these several different agencies does translate to a
need for more signage than the 45 square feet that Sign District 6 would allow. However, the
same benefits could be derived from a smaller monument sign that does not overwhelm the
\\Earth\Planning\Plannfng Cases\2005\05-10 RCPWF Sign Variance (PENDJNG)\04-06-05 PC Report OS-IO.doc
Page 4 0/7 .
. surrounding area.
The proposed sign is inconsistent with both the Civic Center Zoning District and Sign District 6
which anticipated more destination oriented facilities, mainly an integrated government center,
which would not require as much signage. Even at the revised size of 154 square feet, the
proposed sign is nearly one and one-half times as large as the largest freestanding signage
permitted in the Arden Hills Sign Ordinance (100 square feet), and the areas which would be
permitted for 100 square feet of freestanding signage are retail uses which are much more
, dependant on visibility and customer walk-in traffic than a government use would be.
I
I
Part of the problem with visibility is likely caused by the amount of information on the sign; 10
lines with headings and subheadings. A simplified sign, perhaps which also included the address
numbers, and listed the headings could allow a much smaller sign of about 100 square feet.
Following is an example:
1411-1425
Ramsey County Public Works
Ramsey County Sheriff Patrol Station
Arden Hills Operations & Mainteuance
. Mounds View Schools Maintenance
MN Army National Guard Joint Training Site
MN Army National Guard Field Maintenance
(brick)
(brick sign base) (sign base)
By reducing the amount of information and providing more space in betwcen the lettering the
sign would be more visible for traffic traveling along Highway 96 and Hamline Avenue. While
it is true that some things would need to be left off of the sign, this would really not be much
different than signage for an office building with many tenants; the sign allows people to find the
buildings and site, once they find the site they would then proceed to the building for the
individual tenant. The address numbers at the top of the sign may prove more helpful to identifY
the site than any amount of text. In addition, by keeping the size of the sign to 100 square feet
(for the sign cabinet area, the base and side would make the overall monument larger) Ramsey
County would have additional size to work with, above the 45 square feet permitted, but the sign
would be more consistent with Civic Center Zoning District and the Arden Hills Sign Ordinance.
. \\Earth\Planning\Planning Cascs\2005\05-1O RCPWF Sign Variance (PENDfNG)\04-06-QS PC Report 05-1 O.doc
Page 50f7
Findings and Recommendation .
In regard to the Sign Standard Adjustment criteria staff has made the following findings:
1. There are site conditions (traffic, readability for traffic moving 50+ mph) which require a
sign adjustment to allow the sign to be reasonably visible from a street immediately adjacent
to the site.
2. The sign adjustment will allow a sign of exceptional design or a style that has potential to
enhance the area (one sign for several agencies) and is more consistent with the architecture
and design of the site.
3. The sign adjustment will result in a sign that is inconsistent with the purpose of the sign
district and the zoning district in which the property is located.
Therefore, in Planning Case #05-10 staffrecommends denial of the Sign Standard Adjustment
based on the aforementioned findings and for the following reasons:
1. While the sign would be visible from Highway 96, the amount of information
required for sign and the speed of traffic on Highway 96 (which would increase the
need larger text) may require a Sign Standard Adjustment. However, a smaller
variance from the Sign Ordinance Standards would still result in greater visibility and
would be more consistent with the City's Sign Ordinance Standards.
2. The proposed sign is inconsistent with both the Civic Center Zoning District and Sign .
District 6 which anticipated more destination oriented facilities that would not require
as much signage as the commercial zoning and signage districts. The proposed sign
is much larger than allowed for any commercial zoning and signage districts in the
City.
Plan Review Comments
A. If building or electrical permits are required, applications and plans shall be submitted to
the Building Official a minimum of two (2) weeks before the planned start of
construction.
B. No construction shall begin before plans are approved by the City of Arden Hills'
Building Official.
C. A Sign Permit is necessary for all sign installation in the City of Arden Hills and would
still be required if this sign variance is approved.
\\Earth\Planning\Planning Cases\2005\05-10 RCPWF Sign Variance (PENDING)\04-06-05 PC Report OS-lO.doc .
Page 6 0/7
. Options
L Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial with reasons for denial. If the City denies the petitioners request,
"...it must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
Deadline for Al!:encv Actions
The City of Arden Hills received the completed application for this request on February 25,2005
Pursuant to Minnesota State Statue, the City must act on this request by Apri] 26, 2005 (60 days),
unless the city provides the petitioner with written reasons for and additional 60 day review
period. The City may with the petitioners' consent extend the review period beyond the ]20
days.
Attachments
4a-1 Location Map, Vicinity Address Maps, pictures of the sign mock.up.
4a-2 Original Plans and statement submitted by the applicant.
. 4a-3 Revised Plans and statement submitted by the applicant - 03/30/05.
. \\Earth\Planning\Planning Cases\2005\05-10 RCPWF Sign Variance (PENDING)\04-06-05 PC Report 05-10.doc
Page 70/7
, . Planning Commission Meeting April 6, 2005
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. ~Plannjng Commission Meeting -^^--- April 6, 2005
Attachment 4A - 2
. (Original Plans)
.
Property Management
Julio A. Mangine, Director
660 Government Center West
50 West Kellogg Boulevard Tel: 651.266.2260
SI Paul, MN 55102.1657 Fax: 651.266.2264
February 25, 2005
Mr. Pcter Hellcgers, City Planncr
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
RE: Sign Ordinance Variance Request
Ramsey County Public WorksfPartners Facility
Hwy 96 at Hamline Avenue
Dear Mr. Hellegers:
Attached please find Ramsey County's application (with the required attachments) for a
sign variance for the new Ramsey County Public WorkslPartners Facility located at
1425/1411 Paul Kirkwold Drive, in Arden Hills.
. Ramsey County is proposing a high quality monument sign for the County departments
and our partners located on the site. Currently the proposed sign design conflicts with
certain elements of the Arden Hills Sign Ordinance. Pursuant to Section 333.11 of the
Sign Ordinance, Ramsey County is fonnally requesting adjustments to the requirements
as outlined in this section.
Sign Description.
Ramsey County is proposing a monument sign that is roughly 325 square feet including
the cabinet and brick base/standard. The cabinet portion of the sign is 174 square feet.
The brick material on the base and standard of the proposed sign will match the existing
brick on the Public Works/Partner facility. The cabinet will be constructed of anodized
aluminum designed to match the metal panel color on the existing facility. The cabinet
will include 10" cut out letters identifYing the four major partners on the site. These
letters are machine routed and will have internally illuminated white letters. The
secondary copy will be 6" white vinyl lettering. The cabinet will be internally
illuminated, per the attached drawings. Additionally, Ramsey County is proposing two
(2) 500 watt, ground-mounted floodlights. The ground-mounted floodlights will provide a
"soft-glow" to the sign, and is not intended as the main illumination. Nordquist Sign
Company will professionally construct the cabinet, while MA Mortenson Construction
Company will install the footings, brick base and brick standard, and coordinate electric.
The area surrounding the sign will be professionally landscaped with rip-rap and
shrubbery in a manner consistent with the existing facility landscape. A landscaping plan
. will be submitted for approval by City staff.
Minnesota's First Home Rule County
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. Page 2 of3
333.11 Sign Standard Adjustments
Adjustments to the sign requirements may be approved through the Site Plan Review
process if certain criteria are met. An adjustment to the City's Sign Ordinance is justified
in this case based upon the criteria outlined in this section, as follows:
A. There are site conditions which require a sign adjustment to allow the sign to
be reasonable visible from a street immediately adjacent to the site.
Ramsev County Response: The Public WorkslPartner Facility, the SherilTPatrol
Station and the proposed Army National Guard Facility are set back several
hundred feet from Hwy 96 making them difficult to identify from Hwy 96.
Additionally, these facilities and the existing Army National Guard Facility are
set back from the Hwy 96 and Hamline A venue intersection, making them equally
difficult to identify from this intersection. The proposed location and size of the
monwnent sign will allow visitors and vendors to more easily identify these
facilities at they approach from either direction on Hwy 96 and/or from Hamline
Avenue.
B. The sign adjustment will allow a sign of exceptional design or a style that will
. enhance the area or that is more consistent with architectural and design of
the site.
Ramsey County Response: The proposed monwnent sign is of exceptional design
and quality materials. This sign has the potential to become the standard for
design and materials for future commercial signage as the TCAAP site is
developed in the future. The materials proposed in this sign mirror the Public
Works/Partner Facility as well as the SherilTPatrol Station, and are a natural
extension of the architecture of these structures. The proposed sign will enhance
the area by providing immediate direction to visitors and vendors to the site, while
blending in with the overall site conditions.
C. The sign adjustment will not result in a sign that is inconsistent with the
purpose of the zoning district in which the property is located
Ramsev County Response: The area of the Public WorkslPartner Facility is zoned
Civic Center. The proposed sign is intended a~ a well--designed, well-constructed,
informational signage that is consistent with the intent of the Civic Center roning
while compliments the surrounding area and structures.
The proposed monument sign is tastefully designed, and will enhance the entire site with
its high quality materials and its straightforward identification. I hope you will concur,
. and provide the COWl!)' with the requested adjustments to allow the momunent sign as
proposed
. Page 3 of3
I look forward to the opportunity to represent Ramsey County in this request at the Arden
Hills Planning Commission meeting on April 7, and the Arden Hills City Council
meeting on April 25, 2005.
On behalf of the Ramsey County Board of Commissioners, I want to thank you for the
opportunity to present this request. Please contact me if you have any questions or
require additional information.
Bruce Thompson
Assistant Director
CC: Commissioner Tony Bennett
. Julio A. Mangine, Property Management Director
File
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ATTACHMENT 3
EXTERIOR LIGHT SPEC
~ AFL 10
. ' ,,~, "c8ctural Floodlights
KIM LIGHTING revision 1/22/01 . afl10.pdf
Type: Fixture Options: Approvals:
Job:
Fixture Catalog number: Ordered Separarely trom fixture
Seepage; 4-5
I I I I
Fixture Electrical Modu!e Finish Optional HCillt)' Oplional Mounting Options:
Duty Swivel Photocell
~--Seepage2 I See page] --..J Date:
Ordered Separately frorn Fixture Page: 1 of 13
~pa~6-13
--.--
Specifications Housing: One piece dre~cast low copper aluminum in a cylindrical
shape with integral cooling fins over the entire length, and %'
Dimensions minimum wall thickness. One piece silicone gasket between housing
AFl10 Models and door frame concealed when fixture is closed. Concealed integral
70 to 175 watt H.I.D. cast slip hinges with stainless steel pins.
Medium Base lamps Door Frame: One piece die-cast low copper aluminum with integral
500 walt Halogen cooling fins, %# minimum wall thickness, mates with housing to create
1.4 Mini-can Base Lamps a continuous cylindrical shape. Concealed integral cast slip hinges
allow removal without tools. Stop-arm provided to limit door frame
with STANDARD SWIVEL opening. 7'1(5Q thick clear tempered glass lens is sealed (Q the lens frame
Maximum weight: 24 Ib by a one piece silicone gasket. Door frame secures to housing by four
fTI ,-", stainless steel recessed captive allen-head screws. Four tapped and
plugged holes provided for attachment of options.
~~ax: : Standard Swivel: Die-cast aluminum with integral locking teeth
providing 50 aqjustmcnt intervals. Stainless steel allen-head locking
. ". "'''m~ 01 screw and Y2# NPSM. Clear anodized prior to chromate conversion
~ . 1.J back tilt; ; coating for added corrosion resistance.
r-- I l Reflector Assemblies: Interchangeable in all seven AFL 10 models.
1" W NPSM-, Specular Alzak'" aluminum optical components mounted to aluminum
SIDE FRONT frame. Reflector asserpbly snaps into fixture housing with spring clips,
Sockets are 4KV porcelain medium base. (H.I.D.); 1.4 Mini-c.an
00 Vertica I AIMING RANGE (Halogen) .
35"D May be limited by Electrical Components: Ali electrical components are Ul and CSA
<~5o selected mounting recognized with leads extending out of the swivel. High power factor
. J option as shown ballast rated -40oF starting lor HPS and .20oF lor MH lamp modes.
on pages 6-10 Optiona I photocell mounted with sensor on side of housing-.
Finish: Super 1GIC thennoset polyester powder cool peln!, 2.5 mil
nominal thickness, applied over a chromate conversion coating: 2500
With OPTIONAL HEAVY DUTY SWIVEL hour salt spray test endurance rating. Standard colors are Black, Dark
Maximum weight: 251b Bronze, light Gray, or White. Custom colors are available and suQject
to additional charges, minimum quantities and longer lead times.
60/4"J r-14~ Consult representative. II
l I Certification: UL Listed to Us. and Canadian safety standards for wet I
D: locations. Fixture manufacturer shall employ a quality program that is i
9" 14"Max. registered to ISO 9CX)1 standard.
~ 8Ya~ at max. . .
. . CAUTION: Fixtures must be grounded in accordance with local codes
back tilt ,I
5Y, 5 Y4~ J or the National Electrical Code. Failure to do so may result in serious
L I persona! if}jury_ I
\
Siips over 2" pipe-size tenon
(2W 0.0. x 3:;, min. length)
SIDE FRONT
00 Vertical
551;; AIMING RANGE
<~T May be limited by !!
. selected mounting "
option as shown I
on pages 10.13
@2001 KIM LIGHTING INC.. P_O_ BOX 60080, CITY OF INDUSTRY. CA 91716-0080. TEL: 626/968-5666' FAX: 626/369-2695 5607001022
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.. Planning Commission Meeting April 6, 2005
I --....-
Attachment 4A - 3
. (REVISED Plans - 3/30/05)
.
Monument Sign Alternate Page 1 of I
. Hellegers, Peter ____.__.._
From: Thompson, Bruce [Bruce.Thompson@CO.RAMSEY.MN.US]
Sent: Wednesday, March 30, 20054:26 PM
To: Peter. Hellegers (E-mail)
Cc: Greg Fenton (E-mail); Dave. Peterson (E.mail)
Subject: Monument Sign Alternate
Peter,
Attached are two (2) drawings. The first one is single line sketch of the revised sign. The second is the site
drawing that depicts the revised location of the revised sign.
Here is what we are proposing to change:
1. Raise grad~ We will reduce the size of the sign by raising the grade under the sign so that only 1 foot of brick
is exposed above the limestone rubble.
2. RJ1Quce text size. We will reduce the size of each text letter by 1" (from 10" to 9" and from 8" to 7"). This
alone will reduce the size of the sign by 15" in height.
3. Rgduce O\lerall sion. We propose to reduce the overall size of the sign by 145 s.t. The current mock.up is 330
s.t. and the new sign is proposed at 185 s.f.
4.' 2-sided sign. The revised sign would be 2-sided, as opposed to the single-sided mock-up. This will allow
better visibility of the sign from both directions on Hwy 96 and from Hamline Avenue at the Hwy 96 intersection.
. The current mock-up is not visible traveling east on Hwy 96.
~_' ReDosition th\Lsignl!l-,,-ation. We propose to mount the 2-sided sign parallel with Hwy 96 approximately 180'
west of Hamline Avenue. This will allow better visibility of the sign from both directions on Hwy 96 and from
Hamline Avenue at the Hwy 96 intersection. The current mock.up is not visible traveling east on Hwy 96.
I believe the reduced size, the 2-sided sign, and the revised position of the sign will better meet the needs of the
facility, while addressing some of the concerns regarding the current mock-up sign.
I will have additional drawings that provide a better visual description of the revised sign and its location in time for
the meeting on April 6.
<<Monument sign alternate 3.30.05.pdf>> <<Monument sign alternate location 3.30.05.pdf>>
Bruce Th.:mlpson, Ass;stanl Oileelor
Ramsey CI)vn"y PIO/W;(ly Managemenl
50 West Kel!c9g Blvd. Suite G60
Sailll Pau( MN 55102
Phone- (651) 206-2262
Fax: (60/) 266-??ti-1
.
3/30/2005
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~HILLS
MEMORANDUM
DATE: April 6, 2005 PC Agenda Item 4.B
TO: Planning Commission
FROM: Peter Hellegers, City Planner
SUBJECT: PC #05-11, Roland Karjalahti r~
1137 Edgewater Avenue
Variance
Requested Action
The applicant has requested a 5-foot front yard setback variance and a lO-foot side yard comer
setback variance for the construction of a new single family detached house on the applicant's
property at 1137 Edgewater A venue in Arden Hills.
. Backl!round
Surrounding Area
North Low Density Residential R-2: Single and Two Family Single Family Detached
Residential District Residential
South Low Density Residential R-2: Single and Two Family Single Family Detached
Residential District Residential
East Low Density Residential R-2: Single and Two Family Single Family Detached
Residential District Residential
West Low Density Residential R-2: Single and Two Family Single Family Detached
Residential District Residential
Site Data
Low Density Residential
Single Family Detached Residential
R-2: Single and Two Family Residential District
.214 acres (9,327 square feet)
Moderate grade to the western portion of the property
. \\EarthIPlanninglPlanning Cases\2005l05-11 Karjalahti Varinnce (PENDING)104-06-05 PC Report KQrjaJahti Variance.doc
Page 1017
Notice
Notice was published in the Arden Hills/Shoreview Bulletin on Wednesday, March 16, 2005 and .
notice was prepared by the City and mailed to residents within three-hundred fifty (350) feet of
the subj ect property.
Surrounding Properties
Some of the surrounding properties in the area appear to be closer to the property lines that the
current Front Yard or Side Yard Comer setbacks of 40 feet. After checking the GIS system, staff
would estimate that 10 properties in the Edgewater/Lake/Shoreline neighborhood have closer
front or side yard comer setbacks than the standard. Of the ten properties 3 of the properties
have setbacks of 12 feet or less. The neighboring property to the west has a 16-side yard comer
setback, and the three properties across Edgewater from the applicant's property have front or
side yard comer setbacks of 30 feet, 35 feet, and 35 feet.
According to City records there have been 2 variances granted for properties in the
Edgewater/Lake/Shoreline neighborhood. These variances include a front setback variance of 10
feet for 1146 Edgewater Avenue (2001-31) and a 5-foot front setback variance for 3224 Lake
Lane (1997-18).
Building Permits
Building permits were issued in 1955 for a room addition to the west side of the property and in
1969 for the garage. County records indicate that the house was constructed in 1938. .
Site Overview
The applicant has requested a 5-foot front yard setback variance and a lO-foot side yard comer
setback to allow for the construction of a new house on the property at 1137 Edgewater Avenue.
Currently the property has a small existing house and single-car garage on all of Lot 5 and part of
Lot 4, of the Josephine Lakc Villas plat. The existing house is small, fairly close to the road, and
has been used as a rental property. The proposed 2-story house would have a larger footprint and
would be set back greater distances from the road that the existing house and garage. The
applicant has stated that he intends to make this new house his permanent residence.
This property was originally platted in the Lake Josephine Villas as I Y2 50 x 124.36 foot lots. It
appears that the building was constructed on Lot 5 and the south 25 feet of Lot 4 was acquired
later on. While the width of75 feet is preferable to the original 50-foot lot dimension, both the
lot dimensions and lot area are still smaller than the current R-2 requirements. In addition, since
this was originally platted as multiple properties and has since been joined together as one tax
parcel, the property is not one legal lot. The property should be re-platted to be one lot;
otherwise the structure is technically being constructed over a property line. It appears that a
similar situation with an applicant (1146 Edgewater [across the street and one property west of
\\EarthIPJanningIPJanning Cases\2005\05-J J Karja/ah'" Variance (PENDING)104-06-05 PC Report Karjalahti Vo.riance.doc .
Page 2 of7
. the current applicant's property]) proposing construction of a home over two legal lots occurred
in 2001 but was erroneously not re-platted. The trigger for the platting is the tear down and
construction of a new structure over the legal lot line. Therefore, staff has included a
recommendation that re-platting the property be a condition of approval. The property would
require a platting variance due to the lot size and dimensions (75 x 124.36 and 9,327 s.f. where
85 x 120 and 11,000 s.f. are required).
1. Setbacks - Does Not Meet Requirements
Front Yard 40' 19' 35'
(Shoreline Lane) (to garage)
Rear Yard 30' 19' 30'
Side Yard Interior 5' smallest side / 15.41' / 54.41' 11' /41'
Principal 15' total
Side Yard Comer -
Principal and Accessory 40' 15.41 ' 30'
(Edgewater Avenue)
. 2. Lot Coverage - Meets Requirement
The requirement for the R-2: Single and Two Family Residential District is a maximum of25%.
The proposed plans show 18 % as lot coverage.
3. Landscape Lot Area - Meets Requirement
The requirement for R-2: Single and Two Family Residential District is a Minimum Landscape
Lot Area of 65%. The proposed plans show 70.10% of the lot as landscape area.
4. Lot Size/Dimensions - Does Not Meet Requiremenl
The requirement for R-2: Single and Two Family Residential District are Minimum Lot Width of
85 feet and a Minimum Lot Depth of 120 feel. The dimensions of the applieant's property are 75
by 124.26 feel. The requirement for R-2: Single and Two Family Residential District Lot Size is
11,000 square feel. The size ofthe applicant's property is 9,327 square feel.
Variance Criteria
. \lEarthIPlanll.ing\Planning Cases\2005\05-11 Karjalahti Variance (PENDING)\04-06-05 pC Report Karjalahti Variance.doc
Page 3 0/7
A. State Requirements
Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship" .
as:
" . . .means the property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls, the plight ofthe landowner is due to circumstance unique to the
property not created by the landowner, and the variance, if granted, will not alter the essential
character ofthe locality. Economic considerations alone shall not constitute an undue hardship if
reasonable use ofthe property exists under the terms ofthe ordinance..."
B. City Requirements
Section VIII, D, 4, c and d, of the City's Zoning Ordinance state that,
"Adherence to the provisions of this ordinance is required, except for special cases which arise
because of the configuration of a particular parcel. The condition shall not have been created by
the landowner. A variance or variances may be granted from specific provisions of this ordinance
because such land factors as length of a side of a lot, the shape of the lot or the unusual terrain
prohibit reasonable development equivalent to that which would be permitted without variance on
a similar size lot located in the same district, but which lot has no unusual configuration.
Economic conditions alone shall not be grounds for a variance. In no case shall the granting of a
variance impair the health, safety, comfort and general welfare ofthe public, nor will it be
contrary to the intent and purpose of the Comprehensive Plan, the official map or this or any other .
ordinance of the City."
Variance Findinl!s
Minnesota State Stature 462.357, subd. 6, requires that Cities consider the following five matters
when hearing requests for zoning ordinance variances.
1. Are the circumstances for which the variance is requested unique to the property?
(YES) The property was platted as a very small lot plus half of another small lot, and the
house was built with a very small side yard corner setback and front yard setback. The
location of the property as a corner lot further reduces the buildable area of the lot. The
neighborhood where the property is located was originally platted with all of the lots as
50 by 124.36 feet. Many of the homes in the area have been built on two or more lots,
The remaining homes that were built on the original lots could not be built today while
still complying with the City's setbacks. The number of lots this small in the City is very'
small, smaller still is the number of those lots which are corner properties and therefore
have to comply with the side yard corner setbacks as well.
11EarthlPlanninglPlanning Cases\2005105-/1 Karja/uhf; Varwnce (PENDING)\04~06-05 PC Report Karja/uhfi Variance,doc .
Page 4 of7
2. Would granting the variance be in keeping with the spirit and intent ofthe City's
. Zoning Ordinance?
The stated Purpose and Intent of the City's Zoning Ordinance includes thirteen purposes,
of those the following statements appear to be applicable:
This ordinance is enacted for the following purposes:
. To promote the general public health, safety, comfort and general welfare of the
inhabitants of the City of Arden Hills, Minnesota. (l,B,I)
. To promote the proper use ofland and structures. (I,B,6)
. To fix reasonable standards to which buildings, structures and land shall conform
for the benefit of all (l,B,7)
The stated purpose ofthe R-2: Single and Two Family Residential District as stated in
Section 5, D, 2 is:
. To establish areas for the development of single and two family housing at a
maximum density of approximately 5 units per net acre.
. To reserve development areas for single and two family housing.
. To restrict encroachment of incompatible uses.
. To maintain density limitations.
. To take advantage of municipal utilities.
. To preserve open space.
e (YES) The applicant's proposal for the subject property complies with the intent of the
R-2 District and the Zoning Ordinance by maintaining density limitations and allowing
the applicant to maintain the property for a single-family residential structure. Many of
the structures surround the applicant's property are as close or closer to the front
property line and the construction of the new house would create larger front and side-
yard corner setbacks than the existing house while allowing the applicant to improve the
property with construction of the new house. The variance would allow for the
construction of a new house on this property while improving the setback situation over
the existing non-conforming building.
3. Could the property in question be put to a reasouable use without the granting of
the variance?
(NO) The additional setbacks due to the corner location create a very small building
envelope on what was already a small lot. A reasonable house and garage structure
could not be built and meet both the front and rear setbacks without a variance. If the
building were shifted to the north it may destroy several of the existing trees on the site
and would leave very little space for drainage between the house and the north property
line.
e \\EarthIPlanningIPlonning CasesI2005\05~I} KarjaJahti Variance (PENDIN6j104-06-05 PC Report KarjalahJi Variance.doc
Page 50f7
4. Was the hardship created by the owner?
(NO) The lot was platted long before the City's current size standards and setback .
regulations. Any construction on this site of a reasonable structure would result in the
need for a variance of some kind.
5. Wonld granting the variance alter the essential character ofthe neighborhood?
(NO) The new house would enhance the character of the neighborhood by removing a
substandard structure and replacing it with an attractive modern home. Several of the
properties in the surrounding area are closer to the front or side yard property lines than
the City's standard setbacks would otherwise allow.
Recommendation
In Planning Case #05-11, staff recommends that the request for a 10- foot Side Yard setback
variance and a 5-foot Front Yard setback variance be approved to allow for the construction of a
new home on the property at 1137 Edgewater Avenue subject to the following conditions:
1. The applicant shall file all necessary building permits with the Building Official for
approval prior to the issuance of a building permit. Building permit plans shall be
submitted to the Building Official a minimum of two (2) weeks before the planned start
of construction. e
2. A drainage swale should be constructed along the western portion of the property to
collect the drainage water flowing westward down the hill of the property and carry the
drainage toward the street. A revised grading and drainage plan showing this drainage
swale shall require the approval of the Arden Hills City Engineer prior to the issuance of
any building permits.
3. A revised grading and drainage plan showing the elevation ofthe first floor and basement
and the surrounding property shall be submitted to the City and shall require approval by
the City Engineer prior to the issuance of any building permits.
4. The applicant shall be required to plat the property prior to the issuance of any building
permits.
Plan Review Comments
A. Building Permit Plans shall be submitted to the Building Official a minimum of two (2)
weeks before the planned start of construction.
B. No construction shall begin before plans are approved by the City of Arden Hills'
Building Official.
C. Appropriate sediment and erosion controls shall be installed prior to any construction
activity to insure that any sediment disturbed during construction shall maintain on the
applicant's property and not affect the neighboring properties.
\\EarthIPlanningIPlanning Cases12005\05-11 Karjalahti Variance (PENDING)\04-06-05 PC Report Karjalahti Variance. doc e
Page 60f7
. D. The plans show that half of the height of the first floor and the basement will be located
at an elevation below that of the garage. The result may be that the structure would have
water seepage into the first floor or basement of the home. The applicant should review
the grading and elevation and shall provide a revised grading and drainage plan, showing
the elevations of the floors and the elevations of the surrounding property, which shall
require the approval of the City Engineer prior to the issuance of any building permits.
E. According to the proposed plans, the location of the proposed patio appears to encroach
into the root area of the large Maple tree. The applicant should review the plans and may
want to have a longer, rectangular patio that stretches out along the side of the house to
help preserve the health and root structure of the Maple tree.
F. Ramsey County property information shows that the existing structure has asbestos
siding which will require that the siding be removed and disposed of properly.
Options
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial with reasons for denial. If the City denies the petitioners request,
"...it must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
. Deadline for Al!encv Actions
The City of Arden Hills received the completed application for this request on March 7, 2005
Pursuant to Minnesota State Statue, the City must act on this request by May 6, 2005 (60 days),
unless the city provides the petitioner with written reasons for and additional 60 day review
period. The City may with the petitioners' consent extend the review period beyond the 120
days.
Resident Comments
The neighboring property owner from 3233 Shoreline Lane visited City Hall with questions
about the variance. The neighbor had some concerns about the preservation of the spruce trees at
the NE comer of the property, the direction of drainage, property lines, and the proximity of the
proposed structure to the neighbor's property line.
Staff has not received any other comments from residents on this variance request.
Attachments
4b-1 Location Map, Vicinity Address Map
4b-2 Plans and statement submitted by the applicant.
. \\EarlhlPlanning\Planning Cases\2fJ05105-11 Karjalahti Variance (PENDING)\04-06-05 PC Report Karjaluhti Variance. doc
Page 70/7
. Planning Commission Meeting -.,,-----.- April 6, 2005
Attachment 4B - 1
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. Planning Commission Meeting April 6, 2005
Attachment 4B - 2
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Brief Description of Request (please also include a detailed letter explaininQ the project):
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---ptcqll.-r-hr A..+ 1/?7 r-=JjeJ.<.J'o1.J./2.c- A.", ,'y> A~, t-hJl'5/ -T1'l<?
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~o <'i,r-rpV\.Ll.1nl'~f) nJl\~e. ~-'!V\_~+r'IC'-l--"~1I1 ^-f'n Y\t7J1.1
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FilinQ Requirements and Payment of Fees
The City requests that you make a pre-application meeting with the City Planner to discuss the
application process, requirements, and deadlines, The undersigned acknowledges that she/he
understands that before this request can be considered, all required information and fees (including all
deposits) must be paid to the City in advance. If additional fees are required to cover costs incurred by
the City, the City Planner has the right to require additional payment from one or more of the
undersigned, who Shall be jointly liable for such fees. Such expenses may include (but are not limited to)
. direct city payroll and overhead costs. fees paid to consultants and other prOfessionals, and the cost of
printing, mailing, and supplies. The City may withhold final action on a land use application and/or
rescind prior action until all miscellaneous fees have been paid. Applicants are advised that an escrow
deposit is required at the time of the submittal of the Land Use Application to offset costs associated with
the proposed project.
Required Submittal Information
The City of Arden Hills requires the following submittals for all Land Use Applications;
. A certified land survey,
. Site plan(s) (for all development projects),
. Five (5) large scale copies, folded in sets no larger than 8 y," x 14" with the print side facing out.
. Fifty (50) copies of 11" x 17" reductions of ALL PLANS MUST BE 3-HOLE PUNCHED AND Z-
FOLDED,
. Mailing labels of all properties within 350 feet of the property (this information may be obtained from
Ramsey County).
True and accurate representation of the requirements outlined in the procedural form for the specified
type of request is the responsibility of the applicant.
Complete/Incomplete Applications
An incomplete application will delay the processing of land use requests, The application approval time
commences and an application is considered officially filed when the City Planner has received and
. examined the application and determined that the application is complete. A decision on whether the
application is complete or incomplete shall be made within fifteen (15) days following the submittal of the
application, When the application is deemed to be "complete" it shall be placed on the agenda of the first
possible Planning Commission meeting occurring at least thirty (30) days from the date of official
submission of the application.
Page 2 01'3
. March 7, 2005
To the City of Arden Hills,
The reason for this variance request is to enable the construction of a new 2 story
single family home, The house that is currently on the property is very old (85 yrs,) and
doesn't represent the nature or standard of other homes in the neighborhood that were
built more recently. The proposed building will more closely mateh the homes directly
adjacent to 1137 Edgewater and also throughout most of the neighborhood,
There are several reasons that prompted the need for a variance, The small 50 ft.
lot sizes make the 40 it. setbacks impractical. The property at 1137 Edgewater is 1 'I, lots
or 75 ft. by 124 ft. A smaller building plan will be needed to fit this size lot but a
variance would also still be needed, Another feature that is unique to this lot is the
location on Edgewater Ave and Sboreline Lane. Because of thc recent pavement
improvement project, Shoreline lane is now a city street making 1137 Edgewater Ave, a
corner lot. Prior to the project, Shoreline lane was just a driveway to the single family
home to the north of 1137 Edgewater. Even now that it is a city street, it still only serves
the I home and is only 20 ft. wide and is a dead end, Arden Hills zoning code for corner
lots requires a setback of 40 ft. from both Edgewater Ave, and Shoreline Lane making
this an undue hardship on the property (1137 Edgewater) which otherwise would have
had a smaller setback if it were not considered a corner lot. The final reason for the
. needed variance is the location of the mature trees on the property, In order to preserve a
large Silver Maple and 6 or 7 Spruce, White and Red pines the variance would allow the
building to be placed 10 feet closer to Edgewater Ave., giving these trees the space they
need to grow,
The granting of this variance would provide several things to the Edgewater Ave,
neighborhood and to the City of Arden Hills, First it would provide a safe, modern, up to
current standards home that would add to the value of all the neighboring properties, It
would also solve the problem of how to build on a difficult to build on lot, due to the
unusual street layouts and the differing lot sizes, It would also preserve the natural
features and trees on the lot. And finally it would enhance the character of the
neighborhood by precisely locating and building a modern single family home that would
closely resemble the style and features of the other nearby homes and also provide
enough space for new trees and landscaping for future growth in the Edgewaler/Lake
Josephine area.
I hope to make this home Illy permanent residence and perhaps retirement home
and look forward to working with the staff at the City of Arden Hills to make this home a
reality,
Thank you for your consideration,
/Udv~,
.
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~HILLS
MEMORANDUM
DATE: April 6, 2005 PC Agenda Item 5.A
TO: Planning Commission
FROM: Peter Rellegers, City Planner ~
~
SUBJECT: PC #05-09, David Radziej and Roger Sabot
4365 and 4367 Lexington Avenue
Driveway Variances
Requested Action
The applicants have requested variances to allow them to maintain the existing shared driveway
and add an additional driveway for each of the applicants' properties in Arden Rills,
UPDATE
C- At their March 2, 2005 meeting the Planning Commission voted unanimously (5-0) to deny the
requested variances to maintain the existing shared driveway and add one additional driveway
for each of the properties, The reasons for denial were as follows:
L The lack of detail plans and the engineering necessary to show exactly what the dynamics
of the access are going to be, The owners have the opportunity to work this out between
the City and the County Engineers and come up with a better engineered plan than
submitted,
2. The shared access was a condition of approval for the original development of the site and
other conditions of approval, which was the turnaround was not met, so therefore, the
Commission did not know how the site functions if that condition was in place,
3, Multiple accesses to the property and the proximity to the Victoria and Amble
intersection would be more confusing and dangerous to traffic on Lexington Avenue and
to the occupants,
The applicants have reviewed the Planning Commission's direction and have attempted to
answer some of the Planning Commission's previous questions, Attachments 5A-2 and.5A-3
include additional information that was submitted by the applicants, The information includes
\\Earth\Planning\Planning Cases\2005\05-09 Radziej and SabOl Driveway Variances (PENDJNG)\04-06-05 PC Report Rodziej and Sabot
. Dri\'ev.'ay Variances_doc
Page 1 of7
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additional narrative, pictures and site plans with better definition, In general the information ,
looks at the lack of area for constructing turn-around spaces off of the driveway without "e
removing or damaging the large trees around the entryway, and small auxiliary signs (to meet (
code) which would read "enter only" and "exit only" to improve the functionality of the
proposed driveways, The applicants are proposing that the existing shared driveway would be
the entrance and the two proposed driveways would be the exit drives,
Site Overview
Section 6F3c6 of the Zoning Ordinance which allows single family uses only one (I) access per
property. The applicants are requesting a variance to allow the existing shared driveway to
remain while installing two additional driveways; one for each property. The new driveways
would connect to the existing shared driveway and allow the applicants to more safely access
their properties.
The applicants have stated that the property can be very dangerous to access in its current shared
drive arrangement since oftentimes a vehicle will be trying to exit at the same time a vehicle is
attempting to enter the driveway, In addition to the access issues, the applicants do not have any
on street parking due to the location along Lexington Avenue, Therefore, any guests that the
applicants may have would need to park in the space provided in the driveway. The Zoning
Ordinance only allows four vehicles to be parked in a driveway at a time, if those spaces are
occupied it would be very difficult to access either property, As part of the Lexington Avenue
reconstruction project a center median will divide the northbound and southbound traffic directly re
in front of the access for these two properties, The applicants have been in contact with Ramsey
County and the County has agreed to allow the three driveways to Lexington provided that the
driveways are at least 60 feet apart. The Ramsey County project engineer stated that it is the
County's preference to have vehicles entering Lexington A venue front first rather than
attempting to back out onto the roadway.
Variance Criteria
A. State Requirements
Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship"
as:
"" ,means the property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls, the plight of the landowner is due to circumstance unique to the
property not created by the landowner, and the variance, if granted, will not alter the essential
character of the locality, Economic considerations alone shall not constitute an undue hardship if
reasonable use of the property exists under the terms of the ordinance, ,. "
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. B. City Requirements
Section VIII, D, 4, c and d, ofthe City's Zoning Ordinance state that,
"Adherence to the provisions of this ordinance is required, except for special cases which arise
because of the configuration of a particular parcel. The condition shall not have been created by
the landowner. A variance or variances may be granted from specific provisions of this ordinance
because such land factors as length of a side of a lot, the shape of the lot or the unusual terrain
prohibit reasonable development equivalent to that which would be permitted without variance on
a similar size lot located in the same district, but which lot has no unusual configuration.
Economic conditions alone shall not be grounds for a variance, In no case shall the granting of a
variance impair the health, safety, comfort and general welfare ofthe public, nor will it be
contrary to the intent and purpose of the Comprehensive Plan, the official map or this or any other
ordinance ofthe City,"
Variance Findinl!s
Minnesota State Stature 462.357, subd. 6, requires that Cities consider the following five matters
when hearing requests for zoning ordinance variances,
. 1. Are the circumstances for which the variance is requested unique to the property?
.
(YES) The properties have the unique feature of a shared driveway. While there are
other properties in the City that have shared driveways, the combination of the shared
driveway with several other features such as; no on-street parking at the location, the
speed of traffic on Lexington Avenue, the amount ofvehicle trips per day on Lexington
Avenue, and the lack of shoulders to provide a safe access; create a very unique situation
for the applicants,
The properties are located with Karth Lake on the west, the park to the south and are cut
off from any access except for directly to Lexington Avenue. Since the properties will
have some access removed with the installation of the center median in the Lexington
Avenue Reconstruction. the additional driveways would provide better access for the
property owners.
Other properties in Arden Hills may be located along busy streets or have shared
driveways but staff has not encountered any other properties that have the same
combination of situations as outlined above, Properties along Highway 96 or Hamline
Avenue may have access to a busy roadway but these properties either have roadway
shoulders where they can move to when trying to access their properties or have far less
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,
traffic. Furthermore, staff has not seen an instance where one of these properties also
has a shared driveway. .
The applicants have expressed concern that with the existing shared drive is difficult for
vehicles to enter and exit the properties at the same time, Since there is no shoulder on
Lexington and the reconstruction would eliminate any left-turn in access, a vehicle could
be stuck on Lexington Avenue waiting to access the property, The proposed additional
driveways would eliminate such situations and provide safer access for both properties.
2, Would granting the variance be in keeping with the spirit and intent of the City's
Zoning Ordinance?
The stated Purpose and Intent of the City's Zoning Ordinance includes thirteen purposes,
of those the following statements appear to be applicable:
This ordinance is enacted for the following purposes:
. To promote the general public health, safety, comfort and general welfare of the
inhabitants of the City of Arden Hills, Minnesota. (l,B,I)
. To promote the proper use ofland and structures, (I ,B,6)
. To fix reasonable standards to which buildings, structures and land shall conform
for the benefit of all (l,B,7)
The stated purpose of the R-I: Single Family Residential District as stated in Section
5,D,l is as follows: .
. To establish areas for the development of single family detached housing at a
maximum density of approximately 3 units per acre.
. To reserve development areas for single-family housing,
. To restrict encroachment of incompatible uses,
. To maintain density limitations,
. To take advantage of municipal utilities,
. To preserve open space,
(YES) The applicants' proposal is consistent with the R-l District and the Zoning
Ordinance purposes. The applicants are requesting the variances due to the reduced
access (created by the new center median that will be installed in Lexington Avenue) and
concerns about difficulty accessing their properties. The standardfor one driveway
access per property is intended to limit access on residential property to maintain a
residential appearance for single-family homes, However, there is a large difference
between aesthetic impact on a residential property on a typical neighborhood street
where the traffic is only traveling 25 or 30 miles per hour, versus a property on a major
arterial where traffic is traveling 45 to 50 miles per hour,
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,
3, Could the property in question be put to a reasonable use without the granting of
. the variance?
(NO) The properties were subdivided and granted a lakeshore setback variance in 1995
subject to 3 conditions of approval. One of the conditions was the shared access drive;
another was the installation of one turn-around for each property, While the shared
driveway was constructed, it appears that the turn-arounds were not. However, with the
limited amount of space between the homes and Lexington Avenue, a turn-around may
interfere with the limited off-street parking areas, In addition, the residents have stated
that there have been several times where one vehicle is exiting and another is attempting
to enter the drive, the shared driveway makes it difficult to access the properties. Traffic
that has to wait on Lexington Avenue to access the property presents a real safety hazard
for the applicants and for others traveling on Lexington Avenue,
4. Was the hardship created by the owner?
(NO) The hardship appears to be that the City allowed these lots to be subdivided in
1995 and in the process did not leave the properties with adequate access, Neither of the
property owners was present at the time the properties were subdivided and this situation
was created, Furthermore. the properties do not have on-street parking on Lexington
Avenue and the lack of adequate roadway shoulders makes turning to access the
driveways difficult and potentially dangerous. The applicants are seeking the additional
. driveways as a way to have a safer and better access situation,
5. Would granting the variance alter the essential character of the neighborhood?
(NO) Outside of the applicants' properties no other property in the Karth Lake North
neighborhood has direct access to Lexington Avenue, Furthermore, the speed and
amount of traffic on Lexington Avenue, decreased access to the applicants' properties
due to the impending center median, lack of a shoulder area for making turns, and the
current shared driveway, can make it very difficult for the applicants to access their
properties. The variances would allow for safer access for the residents of the two
properties,
Plan Review Comments
A. Zoning Permits with plans shall be submitted to the Building Official a minimum of two
(2) weeks before the planned start of construction.
B. No construction shall begin before plans and permits are approved by the City of Arden
Hills' Building OfficiaL
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,
C, The City standards for driveways indicate a minimum width of 12 feet and a maximum
width of 22 feet. Ramsey County indicated that they require 60 feet between driveways, .
D, Applicants will need to contact Ramsey County about curb-cut permits prior to the
installation of any new driveway,
E. Zoning Ordinance regulations state that in all residential districts, parking is prohibited
on any area of the property except on designated driveways or parking lots, The Zoning
Ordinance also prohibits more than four vehicles from being parked on a driveway,
Recommendation
In Planning Case #05-09, staff recommends that the request for variances to allow one new
driveway at 4365 and one new driveway at 4367 while maintaining the existing shared driveway
be approved subject to the following conditions:
1. The applicants shall submit Zoning Permits with plans to the Building Official a
minimum of two (2) weeks before the planned start of construction,
2. The applicants will require approval from Ramsey County for the curb-cuts prior to the
installation of any new driveway,
3, The driveways shall be constructed within the City standard for driveway widths of a 12
foot minimum and a 22 foot maximum.
4. There shall be at least 60 feet between each driveway access,
5. Auxiliary signage shall be installed which identifies the entry drive and the exit drives.
6, The access drives shall be reviewed by the City Engineer and County Traffic Engineer,
installation ofthe access drives can only proceed after approval of the access drive design .
by both the City Engineer and County Engineer.
7. Parking shall comply with the Arden Hills Zoning Ordinance requirements of no parking
on any areas except for driveways and parking lots, and shall not have more than 4
vehicles may be parked on any driveway,
Options
1. Recommend approval as submitted,
2, Recommend approval with conditions,
3, Recommend denial with reasons for denial. If the City denies the petitioners request,
"...it must state in writing the reasons for the denial at the time it denies the request."
4, Table for additional information.
Deadline for Al!encv Actions
The City of Arden Hills received the completed application for this request on February 17, 2005
Pursuant to Minnesota State Statue, the City must act on this request by April 18,2005 (60 days),
unless the city provides the petitioner with written reasons for and additional 60 day review
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--- ---
period, The City may with the petitioners' consent extend the review period beyond the 120
. days,
Attachments
5a-l City Maps, 03-02-05 PC Report (no attach.), 03-02-05 PC Minute excerpt, County
Right-of-Way plan for Lexington Avenue (Sheet 8 of 16)
5a-2 Additional plans and information submitted by the Sabots.
5a-3 Additional plans and information submitted by the Raziejs,
.
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. Planning Commission Meeting April 6,2005
Attachment SA - 1
.
.
. ~
~~ILLS
MEMORANDUM
DATE: March 2, 2005 PC Agenda Item 4.A
TO: Planning Commission
FROM: Peter Hellegers, City Planner
SUBJECT: PC #05-09, David Radziej and Roger Sabot
4365 and 4367 Lexington Avenue
Driveway Variances
Requested Action
The applicants have requested variances to allow them to maintain the existing shared driveway
and add an additional driveway for eaeh ofthe applicants' properties in Arden Hills,
Backeround
. Surrounding Area
Direction Future Land Use Plan Zoning Existing Land Use
North Low Density Residential R-I: Single Family Residential Single Family Detached
District Residential .-
Soulh Park I-I: Limited Industrial District Outdoor Sport/Recreation
East RL Residential (up to 4 upo) R-/: Detached Residential Single Family Detached
(Shorev!e,,; Residential
West Karth Lake Karth Lake Karth Lake
Site Data (4365/4367)
Future Land Use Plan: Low Density Residential I (same)
Existing Land Use: Single Family Detached Residential I (same)
Zoning: R,I: Single Family Residential District I (same)
Lot Size: 1.01 acres (43,996 square feet) 11.31 acres (57,064 square feet)
Proposed Density: NIA I (same)
Topography: Steep grade at the westem part of the propel1y along Karth Lake./ (same)
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Notice
. Notice was published in the Arden Hills/Shoreview Bulletin on Wednesday, February 16,2005
and notice was prepared by the City and mailed to residents within three-hundred fifty (350) feet
of the subject property.
Site Overview
Section 6F3c6 of the Zoning Ordinance which allows single family uses only one (I) access per
property, The applicants are requesting a variance to allow the existing shared driveway to
remain while installing two additional driveways, one for each property, The new driveways
would connect to the existing shared driveway and allow the applicants to more safely access
their properties,
The applicants have stated that the property can be very dangerous to access in its current shared
drive arrangement since oftentimes a vehicle will be trying to exit at the same time a vehicle is
attempting to enter the driveway, In addition to the access issues, the applicants do not have any
on street parking due to the location along Lexington A venue, Therefore, any guests that the
applicants may have would need to park in the space provided in thc driveway, The Zoning
Ordinance only allows four vehicles to be parked in a driveway at a time, if those spaces are
occupied it would be very difficult to access either property. As part of the Lexington Avenue
reconstruction project a center median will divide the northbound and southbound traffic directly
in front of the access for these two properties, The applicants have been in contact with Ramsey
County and the County has agreed to allow the three driveways to Lexington provided that the
. driveways are at least 60 feet apart, The Ramsey County project engineer stated that it is the
County's preference to have vehicles entering Lexington Avenue front first rather than
attempting to back out onto the roadway,
(One of the resident comments included in this packet brings up a question about a home
occupation. There are two types oflwnw occupations in Arden Hills which differ based on the
nature of the occupation, the area of the home occupied by the business, and whether customers
visit the home occupation, In a situation where customers are visiting the home occupation, the
home occupation is classified as a C/ass II Home Occupation and are required 10 be reviewed by
the Planning Commission and City Council for a Special Use Permit, No C/ass II Home
Occupation Permits or SUP's have been issued for Ihe applicants' properties, Slaff has begun
looking into this but the home occupation question would be handled as a separale matter, not as
part of this case),
I. Setbacks - Meets Requirement
Driveway setbacks call for all driveways to be a minimum of 5 feet apa11 and may be constructed
up to a property line, In addition driveways are not pennitted to be any closer than 3 feet from
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any single or two-family residence. The proposed driveways appear to be located a minimum of
. 10 feet from the property lines and would connect to the existing shared driveway; therefore the
properties would continue to comply with this regulation,
2. Lot Coverage - Meets Requirement
The requirement for the R-l: Single Family Residential District is a maximum of 25%. The
proposed plans do not alter the lot coverage, and would continue to comply with this regulation,
3. Landscape Lot Area - Meets Requirement
The requirement for R-l: Single Family Residential District is a Minimum Landscape Lot Area
of 65%, The proposed plans show approximately 2,400 ncw square feet of impervious surface,
together with the existing impervious surface, the properties would still be compliant with this
regulation,
Variance Criteria
A. State Requirements
. Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship"
as;
". "means the property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls, the plight of the landowner is due to circumstance unique to the
property not created by the landowner, and the variance, if granted, will not alter the essential
character of the locality, Economic considerations alone shall not constitute an undue hardship if
reasonable use of the property exists under the terms of the ordinance.., "
B- City Requirements
Section VIII, 0, 4, c and d, of the City's Zoning Ordinance state that,
"Adherence to the provisions of this ordinance is required, except for special cases which arise
because of the configuration of a particular parceL The condition shall not have becn created by
the landowner. A variance or variances may be granted from specific provisions of this ordinance
because such land factors as length of a side of a lot. the shape of the lot or the unusual terrain
prohibit reasonable development equivalent to that which would be pennitted without variance on
a similar size lot located in the same district, but which 10\ has no unusual configuration,
Economic conditions alone shall not be grounds for a vanance. In no case shall the granting of a
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variance impair the health, safety, comfort and general welfare of the public, nor will it be
. contrary to the intent and purpose of the Comprehensive Plan, the official map or this or any other
ordinance of the City."
Variance Findinl!s
Minnesota State Stature 462.357, subd. 6, requires that Cities consider the following five matters
when hearing requests for zoning ordinance variances,
1. Are the circumstances for which thc variance is requested unique to the property?
(YES) The properties have the ulliquefeature of a shared driveway. While there are
other properties in the City that have shared driveways. the combination of the shared
driveway with several other features such as; no on-street parking at the location, the
speed of traffic on Lexington Avenue, the amount of vehicle trips per day on Lexington
Avenue, and the lack of shoulders to provide a safe access; create a very unique situation
for the applicants.
The properties are located with Karth Lake on the west, the park to the south and are cut
off from any access except for directly to Lexington Avenue, Since the properties will
have some access removed with the installation of the center median in the Lexington
Avenue Reconstruction, the additional driveways would provide better access for the
. property owners.
Other properties in Arden Hills may be located along busy streets or have shared
driveways but staff has not encountered any other properties that have the same
combination of situations as outlined above, Properties along Highway 96 or Hamline
Avenue may have access to a busy roadway but these properties either have roadway
shoulders where they can move to when trying to access their properties or have far less
traffic, Furthermore, staff has not seen an illstance where olle of these properties also
has a shared driveway.
The applicants have expressed concern that with the existing shared drive is difficult for
vehicles to enter and exit the properties at the same time, Since there is no shoulder on
Lexington and the recollstructioll would eliminate any left-turn in access, a vehicle could
be stuck on Lexington Avellue waiting to access the property. The proposed additional
driveways would eliminate such sitllations alld provide safer access for both properties.
2, Would granting the variance be in keeping with the spirit and intent of the City's
Zoning Ordinance?
The stated Purpose and Intent ofthe City's Zoning Ordinance includes thirteen purposes,
of those the following statements appear to be applicable;
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. This ordinance is enacted for the following purposes:
. To promote the general public health, safety, comfort and general welfare of the
inhabitants of the City of Arden Hills, Minnesota. (I ,B, I)
. To promote the propcr use ofland and structures, (1,B,6)
. To fix reasonable standards to which buildings, structures and land shall conform
for the benefit of a]] (I,B,7)
The stated purpose of the R-]: Single Family Residential District as stated in Section
S,D,I is as follows;
. To establish areas for the development of single family detached housing at a
maximum density of approximately 3 units pcr acre.
. To reserve development areas for single.family housing,
. To restrict encroachment of incompatible uses,
. To maintain density limitations.
. To take advantage of municipal utilities.
. To preserve opcn space,
(YES) The applicants' proposal is consistent with the R-1 District and the Zoning
Ordinance purposes, The applicants are requesting the variances due to the reduced
access (created by the new center median that will be instal/ed in Lexington Avenue) and
concerns about difficult)! accessing their properties. J7w standard/or one driveway
. access per propertv is inlended to limit access on residential properlY 10 mainlain (]
residelltial appearance/or single-lil/ni!.y homes. f-loi-vever, there is a large d!lJerence
between acslhetie impact on (] residential property on a typical neighborhood ,m'eet
,,,here the lrajJic is only traveling 25 or 30 miles per hOllr, verslls a property on CI major
urlerial whcre tra(fie is traveling 45 to 50 miles per hOllr,
3. Could the property in question be put to a reasonable use without the granting of
the variance?
(NO) The properties were subdivided and granted a lakeshore sethack variance in 1995
subject to 3 conditions of approval. One of the conditions was the shared access drive;
another was the instal/at ion oj one turn-around Jor each property. While the shared
driveway was constructed, it appears that the turn-a rounds were not. However, with the
limited amount oJspace between the homes and Lexinglon Avenue, a turn-around may
intelfere with the limited ojJstreet parking areas. In addition, the residents have stated
that there have been several times where one vehicle is exiting and another is attempting
to enter the drive. the shared driveway makes it difficult to access the properties. Traffic
that has to wait on Lexington Avenue to access the property presents a real saJety hazard
Jar the applicants and Jor others traveling on Lexington Avenue,
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. 4, Was the hardship created by the owner?
(NO) The hardship appears to be that the City allowed these lots to be subdivided in
1995 and in the process did not leave the properties with adequate access. Neither of the
property owners was present at the time the properties were subdivided and this situation
was created, Furthermore, the properties do not have on-street parking on Lexington
Avenue and the lack of adequate roadway shoulders makes turning to access the
driveways difficult and potentially dangerous. The applicants are seeking the additional
driveways as a way to have a safer and better access situation,
5. Would granting the variance alter the essential character of the neighborhood?
(NO) Outside of the applicants' properties no other property in the Karth Lake North
neighhorhood has direct access to Lexington Avenue, Furthermore, the speed and
amount of traffic on Lexington Avenue, decreased access to the applicants' properties
due to the impending center median, lack of a shoulder area for making turns. and the
current shared driveway, can make it very difficult for the applicants to access their
properties, The variances would allow for safer access/or the residents of the two
properties,
. Plan Review Comments
A. Zoning Permits with plans shall be submitted to the Building Official a minimum of two
(2) weeks before the planned start of construction.
B. No constmction shall begin before plans and permits are approvcd by the City of Arden
Hills' Building Official.
C. The City standards for driveways indicate a minimum width of 12 feet and a maximum
width of 22 feet. Ramsey County indicated that they require 60 feet between driveways.
D, Applicants will need to contact Ramsey County about curb-cut permits prior to the
instal1ation of any new driveway,
E, Zoning Ordinance regulations state that in all residential districts, parking is prohibited
on any area of the property except on designated driveways or parking lots, The Zoning
Ordinance also prohibits more than four vehicles from being parked on a driveway,
Recommendation
In Planning Case #05-09, staffreeommends that the request for variances to allow one new
driveway at 4365 and one new driveway at 4367 while maintaining the existing shared driveway
be approved subject to the fol1owing conditions;
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1. The applicants shall submit Zoning Permits with plans to thc Building Official a
. minimum of two (2) weeks before thc planned start of construction,
2, The applicants will require approval from Ramsey County for thc curb-cuts prior to the
installation of any new driveway,
3, The driveways shall be constructed to meet the City standard width of a 12 foot minimum
and a 22 foot maximum.
4, There shall be at least 60 feet bctwccn cach driveway access,
5, Parking shall comply with the Arden Hills Zoning Ordinance requirements of no parking
on any areas except for driveways and parking lots, and shall not have more than 4
vehicles may be parkcd on any driveway.
Options
1. Recommend approval as submitted.
2, Recommend approval with conditions,
3. Recommend denial with reasons for denial. If the City denies the petitioners request,
"". it must slale in writing the reasons for the denial at the time it denies the request."
4, Table for additional information.
Deadline for Al!:ency Actions
. The City of Arden Hills received the completed application for this request on Fehruary 17, 2005
Pmsuant to Minnesota State Statue, the City must aet on this request by April 18, 2005 (60 days),
unless the eity provides the petitioner with written reasons for and additional 60 day review
period. The City may with the petitioners' consent extend the review period beyond the 120
days.
"
At~ments CJl~'-'."
4a-l
'Cla.2 /// lans d statement submitted by the applicants,
4~ Commen rom residents
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ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 2
. PUBLIC HEARINGS
A. PLANNING CASE #05-09: DAVID RADZIEJ AND ROGER SABOT, 4365 AND
4367 LEXINGTON A VENUE; DRIVEWAY VARIANCES
Mr. Hel1egers stated applicants were requesting variances to allow them to maintain the
existing shared driveway and add an additional driveway for each of the applicant's
propelties in the City. Staff recommended approval based on the following conditions:
1. The applicants shall submit Zoning Permits with plans to the Building Official a
minimum of two (2) weeks before the planned start of construction,
2, The applicants will require approval from Ramsey County for the cub-cuts prior
to the installation of any new driveway.
3, The driveways shall be constructed to meet the City standard width of a 12-foot
minimum and a 22- foot maximum,
4. There shall be at least 60 feet between each driveway access,
5. Parking shall comply with the Arden Hills Zoning Ordinance requirements of
no parking on any areas except for driveways and parking lots, and shall not
have more than 4 vehicles may be parked on any driveway.
Commissioner Zimmerman asked why previous conditions that had not been met had not
been checked on, Mr. Hellegers replied he did not know why those conditions had not
. been checked up on by staff in 1995,
Commissioner Zimmerman asked whose responsibility was it that conditions imposed on
the property were met. Mr. Hellegers replied it was City staffs responsibility,
Chair Sand stated there was an e-mail received from a neighbor on 1090 Amble Drive
objecting to the request on five grounds.
Commissioner Bezdicek asked why where they retallllllg the eXlstlllg driveway and
adding two additional ones, Mr. Hellegers replied it would provide better access for the
applicants,
Chair Sand asked if there was anything in the Zoning Ordinance or the Comprehensive
Plan that would limit the addition of a driveway here. He noted mature trees would be
lost to make room for the new driveways. Mr. Hellegers replied there were no conditions
protecting those trees,
Chair Sand asked if it would be a right turn in and right turn out. Mr. Hel1egers replied
that was correct.
Commissioner Larson asked who created the hardship, Mr. Hellegers replied this was
done by a previous owner.
. Commissioner Larson asked if they had originally agreed to the shared driveway, Mr,
Hellegers replied that was correct.
Commissioner Larson noted with Lexington being a commuter street, he assumed the
reason for the shared driveway was to eliminate accesses on Lexington, He stated it
--- -------..--..----
ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 3
. appeared to him that whoever built these homes did not comply with the conditions of
approval and because they did not comply, they were being asked to add two more access
to this, He indicated they had never tried this and now there would be no left turns, He
stated it seemed to him that whoever did the initial construction did not follow the
direction of the conditions of approval.
Commissioner Larson stated since each of these homes were allowed to have an access to
the street in front of it, the site could have been modified to a]]ow a driveway for each of
these houses and that could be approved by staff. Mr. Hellegers replied Council would
have needed to remove the original condition of approval. He noted one of the problems
with a shared access drive was the 20 foot access point, which was a tight access point.
Commissioner Thompson asked if a turnaround option was looked at. Mr. Hellegers
replied that option had not been discussed and he could not find any prior documentation
regarding that option.
Commissioner Zimmerman asked how wide the existing driveway was. Mr. Hellegers
replied the existing driveway was 20 feet.
Commissioner Zimmerman noted it appeared the driveway was at least 2 cars wide.
Chair Sand asked if they had looked at the option of widening the existing driveway. Mr.
. Hellegers replied they had not looked at that option, He noted both the County and the
applicants had indicated it was a problem for a single access point and that was the reason
they had not looked at that option.
Chair Sand noted widening the existing driveway would save a lot ofthe vegetation,
Chair Sand opened the public hearing at 7;35 p.m,
Chair Sand invited anyone for or against this application to come forward and make
comment.
Email dated February 19,2005 from Aladin Hassan, 1090 Amble Drive, Shoreview:
"I. More driveways on Lexington Ave at that spot is creating more dangerous situation
for everyone going south on Lexington from east of Amble Dr. because the only way
to get to the free way 694 is to turn south on Lexington,
2. It is already very bad during rush hours at the present time.
3. My understanding everywhere is eliminating the number of driveway access on busy
roads for PUBLIC safety reasons and the plan I received in the mail showed that there
wi]] be THREE DRIVEWAYS instead of ONE'!'
4. l'm sure it is more hazardous for that very busy main road,
5. How many driveways in very short distance (and close to two cross sections) the
drivers on that Extremely busy rood (sic) will be watching ??? And if the city agree
on that whey (sic) they want to retain the existing driveway isn't bad enough now'!
. I hope the city of Arden Hills does not approve that plan" ,Thanks."
Kathy Rodziej, 43565 Lexington A venue, stated they had lived in their home for six
months and previous to them moving in the home had been owned by a single person,
-..-.-.------
ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 4
. Beverly Sabot, 4367 Lexington Avenue, stated it was difficult to make the turn into the
driveway with the speed limit of 40 mph on Lexington Avenue, She noted there the
Rodziej's had teenage drivers and this was a safety issue,
Roger Sabot stated two huge mature trees would need to be removed if they widened the
driveway, He noted the driveway was not wide enough for two cars to go in and out
comfortably, He believed the driveway was 22 feet. He stated they were the first owners
after the people who originally built it. He notcd putting in two additional driveways
would not take out any substantial vegetation.
Chair Sand noted for safety purposes, it might be safer to eliminate the existing driveway
and put in the two new drivcways, Ms, Rodziej stated in that type of a situation, they
would have to go past their garage and would need to turn around to get into their garage,
She noted they also had recreational vehicles where it would be difficult to get into the
driveway if the existing driveway was eliminated.
Commissioner Zimmern1an asked if they had talked about a turnaround, Ms, Rodziej
stated tonight's meeting was the first time they had heard about a turnaround.
Chair Sand asked if this were to be approved, who would approve the geometry of the
driveway to ensure it was angled properly onto Lexington. Mr. Hellegers replied the City
. Engineer and/or the Ramsey County Engineers would need to work out the geometry of
the driveways.
Commissioner Bezdicek stated more driveways on a busy road were more dangerous,
Ms, Rodziej statcd they would enter in the center driveway and exit out the other
driveway,
Mr. Sabot replied they felt they could get into the traffic on Lexington Avenue fastcr with
their proposal. He expressed concern that the spced on Lexington A vel]Ue would
increase, which will also make the existing driveway unsafe.
Ms. Sabot noted most of their vegetation was removed when the sewer system came
through.
Mr. Sabot indicated they wanted to preserve their large trees,
Commissioner Thompson stated the natural tendency would be to take the first driveway.
She expressed concern that if these homes werc sold at some point in the future, the new
owners may not be as cooperativc,
Letter from Leonard E, Gallus, 1104 Amble Drive, dated February 21, 2005:
"} , I need to have further information to understand how an extra 12' x 100'
. driveway extension starting by my backyard, and angling across the front of the
property and connecting to the existing driveway will help the Sabots to access
Lexington Avc. They still can only tUlll to the right and go South at any of the
dliveways_
ARDEN HILLS PLANNING COMMISSION - MARCH 2, 2005 5
. 2, When these 2 lots were developed some 7 years ago, it was my understanding that
for safety reasons there would be a eommon entranee to the residences, Today,
with increased traffic flow on Lexington Ave, the addition of two entrances could
make for an even less safe condition than was thought of 7 years ago, This would
be a short distance on a roadway like Lexington and could add to motorist
confusion,
3. The entire neighborhoods ofKarth Lake Hills and Karth Lake Estates are able to
access Lexington Ave, with little backup and only 2 entrances/exits to Lexington
Ave,
Additional Concerns:
Trees and natural woodland removal
Lights from vehicles using the Sabot driveway shining into my backyard
Water runoff toward my yard; their property elevation is slightly higher than mine
Visual privacy
My home value
It has recently come to my attention that the Sabot residenee is not complying with some
Arden Hills residential regulations.
The Sabots have conducted an internet shopping business out of their Lexington Ave,
. home since shortly after moving in, (about 4 years) Apparently clients eome to their
home to learn how to use the internet site and do their own business, This business seems
to be sporadic, and has been less activity recently,
I have been recently infonned by Peter Hellegers of the following regulations regarding
home businesses:
1. A license is needed
2, Driveways should not have more than 4 ears on them
3, Time restrietions for conducting the business
The Sabots have not eomplied with the above regulations.
At times the Sabot's have customers whose cars take up their driveway and sometimes
require additional parking in front of my house on Amble Drive,
The days ofthe week vary, but it seems that most activity is on the weekends,
The time is generally early evening, and ending usually by II :00 PM
I am very concerned that the real need for the driveways is for their business concerns, If
they get the additional driveway and are able to use the new extension for business
. parking, I will at times have a parking lot view from both inside my home and even more
lack of privacy in my backyard,"
Chair Sand closed the public hearing at 7:52 p,m,
ARDEN HILLS PLANNING COMMISSION MARCH 2, 2005 6
. Commissioner Larson moved, seconded by Commissioner Zimmerman to recommend
denial of Planning Case No. 05-09: David Radziej and Roger Sabot, 4365 and 4367
Lexington Avenue; Driveway Variances, reasons for denial: 1. The lack of detail plans
and the engineering necessary to show exactly what the dynamics of the access are going
to be. The owncrs have the opportunity to work this out between the City and the County
Engineers and come up with a better engineered plan than submitted, 2. The shared
access was a condition of approval for the original development of the site and other
conditions of approval, which was the turnaround was not met, so therefore, the
Commission did not know how the site functions if that condition was in place, 3,
multiple accesses to the property and the proximity to the Victoria and Amble
intersection would be more confusing and dangerous to traffic on Lexington Avenue and
to the occupants.
Commissioner Larson believed the applicants did have access problems and he could
look much more favorably on this if there were detailed engmeenng plans.
Commissioner Thompson agreed.
Commissioner Zimmerman understood applicant's thoughts wanting two additional
driveways, hut he did not see how the logistics would work.
Chair Sand stated he believed it was not the applicant's fault that the turnaround was not
put in, but this should have been taken care of at the time the building permit was issued,
. He shared the other Commissioner's concerns and indicated he might be more amenable
going along with this proposal with detailed Engineering's plans,
The motion carried unanimously (5-0),
Roger Sabot stated they were not informed by the County that they needed a detailed
drawing; that they only needed a sketch, which is what they presented,
B. PLANNING CASE 05-06: CITY OF ARDEN HILLS. 1245 W. HIGHWAY 96;
CITY CODE OF ORDINANCES AMENDMENT FOR THERAPEUTIC
MASSAGE.
Mr. Hellegers stated staff was recommending repealing existing City Code Section
330,03 relating to massage, rap, and sauna parlors; adopting proposed Section 330,04
relating to Massage Therapy Establishments and Massage Therapists; and Amending
Sections 5,E and 10,G of the Zoning Ordinance to reference Massage Therapists and
Massage Therapy Establishments,
Chair Sand requested a distinction be put in that the license wcnt with the person and not
the house, so irncw owners were to come in and they wanted licensing, they would need
to acquire it.
. Chair Sand opencd the public hearing at 8:13 p,m.
Chair Sand invited anyone Jor or against this Ordinance to come forward,
Corrine Vahle, 1365 Arkwright St. #201, St. Paul, stated she was licensed in New
Brighton and she had just surrendered her St. Paul license because the office where she
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NO REV-OA rr BY: DESCRIPnON I HERfEIy CER11FY lHA T THIs
1 11-19 Q4. Tl. NEW AUCNMENT :.~~~~ight Of Way Plan
16 Sh eets
DA'" 10.::l , heet No. 8 of
.
. Planning Commission Meeting , April 6, 2005
....-:.
Attachment SA - 2
.
.
. March 23, 2005
Mr. Peter Hellegers
City Planner
City Of Arden Hills
Dear Mr, Hellegers,
This letter is in response to the concerns of the Arden Hills Planning Commission from the
meeting dated March 2, 2005, Planning Case #05-09, The homeowners would like to address
the following three areas of concern:
1. The need for detailed plans and the dynamics of the accesses, Please note the enclosed
detailed pictures showing distances between accesses, tree removal, and driveway details. The
existing access would be a shared entrance. The mailboxes mark the entrance, with address
numbers, and address signage to show a potential visitor where to turn into the properties. The
requested accesses would be for exiting the properties and would not have address signage on
. them. The correlation of the access to the properties is not obvious because the homes are
screened by foliage, Designating an entrance and exit for the properties would eliminate the
dangerous situation of a vehicle exiting the existing access and a vehicle traveling south on
Lexington turning into the access with inadequate turn radius requiring them to stop on
Lexington while the exiting car moves into traffic, The danger from two lane traffic traveling at a
speed of 40 mph or higher towards a stopped vehicle and a vehicle hurrying to exit could be
fatal. Homeowners and visitors will utilize the main entrance because of high signage visibility
and homeowners verbal instruction and they will exit because of ease of traffic pattern.
2. The second concern was the original condition of developing the property with turnarounds.
This condition was imposed on the original builders and was not enforced when the properties
were developed. Both homeowners were unaware of this condition and neither property has
area planned for a turnaround. Other properties in Arden Hills are allowed at a minimum of one
access each, The homeowners are not asking for three accesses for one property but 1 1/2 for
each property. Most homeowner that live on a residential street can back out of their driveway
onto the street and do not require a turnaround. Because the properties would back onto
Lexington, a busy, county road, this is not a safe option, The Commission could suggest each
property owner have a separate access but this would require both homeowners to destroy
. additional trees as each would be required to construct driveways that are a minimum of 20'
. verses the proposed 12' drives. Both homeowners would like to limit the destruction of foliage as
it acts as a visual and audio screen from the traffic on Lexington,
3, The last concern was multiple access could be confusing and dangerous to intersections at
Victoria and Amble. Referring to the previous concern of the dynamics of entering and exiting:
entering the properties would be to the existing access and would be no more confusing than is
the present situation. The exiting of a vehicle would be the responsibility of the driver existing in
a careful, prudent manner no different than the present situation. The safety factor is allowing
the traffic turning in to be unrestricted by exiting traffic thereby requiring thern to stop on
Lexington before having the turning radius to enter safely, The proposed reconstruction of
Lexington does not allow traffic to cross over from the north bound because an island will restrict
a left turn into the entrance of the properties, Thereby this will not effect the traffic coming south
on Lexington including the traffic coming off Amble, The reverse is true for the intersection at
Victoria as the island restricts a left turn out of the proposed exits effecting the traffic coming
north or off of Victoria. It will not effect the traffic moving south off Victoria as a traffic light is
being proposed for that intersection, Northbound traffic turning onto Amble will not be confused
because traffic is restricted from turning into the proposed accesses because of the proposed
. island. A left turn is not possible, People looking to turn onto Amble will not be confused because
they will see the street sign, turn and not pass either of the three accesses as they are south of
the Amble turn.
In conclusion, the homeowners feel that their proposal is the best use possible for both of the
properties. They also feel that when they were approached by the county concerning the road
improvements, they discussed this proposal with the county and the county directed them to
petition the city for the accesses. Their only concern was that the accesses were at least 60'
apart, We do not believe they would have made this suggestion if they felt the proposal was not
a safe one and in the best interest of the homeowners and the public,
We respectfully resubmit to you our proposal and apologize that we were not as prepared for
your concerns at the last meeting, We respect your time and consideration.
Sincerely, /!
~~ , / /
R~JJ~ //
l~PP/.
. Roger and Beverly Sabot
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"
. Planning Commission Meeting April 6, ,2005
Attachment 5A - 3
.
.
.
. Mr. Peter Hellegers March 23, 2005
City Planner
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
Re: Variance Request
Dear Mr. Hellegers;
As property owners at 4365 Lexington Avenue North in Arden Hills, Minnesota would like to have a
variance for one and half driveways allowed for our property,
Enclosed are our site plans and photos of our driveway to clarify our request
At the March 2, 2005, Planning Meeting Commission three pOints were raised as a basis for motion to
deny,
#1, Lack of detailed plans for the new driveway,
#2, The shared access was a condition of approval for developing the properties at which lime no
turnarounds were developed on the properties,
#3, Multiple accesses would be more confusing and dangerous to Lexington Avenue,
In response to the three points raised as stated above, we're submitting detailed plans on the location
of the additional requested driveway, The specifications are as follows;
. #1, The proposed driveway will be positioned 30 feet from the southeast property line; having a width
of 20 feet, length of 48 feet and will be 70 feet from the existing driveway, This location of the
proposed driveway would be the least disruptive to the existing vegetation, Causing the removal of
one five-inch diameter tree and transplantation of five others with varying trunk sizes all smaller than
four inches in diameter,
#2, Upon review of the site plan, logical location for the turnaround on our property would cause the
removal of a 25-inch Norway Maple with a Ramsey County accessed in value of $10,309. We feel
that the addition of a turnaround at this point in time just does not make sense, (See enclosed photo,)
#3, We'd like to see the existing shared driveway remain as the main entrance to the properties, The
additional driveways would be exists out of the properties, To establish this traffic flow we will post an
"Enter Only" sign near the center driveway and "Exit Only" signs be placed on the proposed driveway,
Also, our house number signs would be placed near the center driveway, We feel that this
configuration would eliminate vehicles from backing out onto Lexington Avenue when we have visitors
over. Which we feel is a dangerous situation under present conditions
We have also enclosed a photo that shows just how much room there currently is with the shared
driveway when two cars meet coming and going to the properties, Currently, when two cars meet on
the driveway at the same lime one car usually drives on our lawn to avoid the neighbors' block wall,
On garbage pickup day this single entrance becomes even more confining,
Since we are new to the neighborhood as of June 2004 we have not had time to landscape our
. property near the walking path, Our landscaping plans are to add a similar matching block. wall when
the construction is completed on Lexington Avenue. Adding this block wall will cause the appearance
of the shared driveway to be narrower and cars will no longer be able to drive over our lawn,
.
.
Our neighbors expressed concerns over the proposed changes and as good neighbors we are inviting
them over for coffee, We look forward to discussing our mutual issues and ideas to preserve
harmony. The open house is planned for Saturday April 2 at 10:00 a,rn, and all are welcome to attend,
kind consideration.
Sincerely,
~~ ~ R",;.j
.
.
4367
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OF' "THE STAlE Of UINNESOTA. LEXINGTON A VENUE
L------" County Proj, P3167
Cumminos Pork Dr, to County Rood 96 --=~
}ATE: 1.1, .;;q- .,c/
,( AWt\eoxv-ts ~ this ; nUl htoJ'\ -to 1i~\\ l\~\I\~ ~
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March 28, 2005
To:
The Radziej's at 4365 Lexington Ave. North are asking the City of Arden Hills to grant
permission to allow Kathy and I to create a horse shoe shaped driveway onto Lexington
Ave.
We have been notified that neighbors have expressed concerns about traffie flows and
changes that granting this request may create.
In the spirit of being good neighbors we are inviting you to our home at 10:00 a,m, ~
. 11:00 a,m, on Saturday April 2 to have coffee and a discussion on each of our eoncerns,
If you have any questions please eontact us at our home number; 651-787-0527,
Thank you for your time,
Sincerely,
David and Kathy Radziej
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MEMORANDUM
DATE: April 6, 2005 PC Agenda Item S.B
TO: Planning Commission
FROM: Peter Hellegers, City Planner ~
SUBJECT: Fence Height Discussion
Recently a resident inquired about amending the City's regulations for fence height. The
resident had just constructed a red cedar fence which was 6 feet 6 inches in height with
ornamental post caps somewhat higher stilL Apparently, the materials are sent to the
. fence company pre-cut and when the frame is assembled the fences would be taller than
the 6 foot height currently permitted, The resident stated that these red cedar fences are
very attractive and with the regulations the way they currently the fences would likely not
get built due to the extra cost to the resident to have the contractor reduce the height of
pre-cut the fence materials, The resident has provided copies of fence regulations from
several metro area cities which allow maximum fence heights ranging from 6 feet 6
inches to 8 feet.
The Arden Hills Zoning Ordinance allows fences in residential districts to be built in the
front yard area up to a maximum of3 feet in height and fences in rear yards to be built up
to a maximum of 6 feet. A Zoning Permit is required prior to fence construction.
Building regulations would kick-in for fences above a height of 6 feet (due to wind load,
etc,), If the Planning Commission indicates that the fence regulations should be amended
staff would schedule a public hearing for the May 4th Planning Commission meeting and
also bring Zoning Ordinance amendment language to that meeting,
Discussion Ouestions
. Should the fence regulations in the Zoning Ordinance be amended to include a
maximum height of 6'6",7', 8' or another height; should the regulations provide
a maximum height of 6' without a building permit and fences above 6' (up to a set
maximum) through a building permit; or should the current regulations remain?
. If the language should be amended, was there particular code language from one
. of the example ordinances that you felt was preferable?
.
. Planning Commission Meeting April 6, 2005
Attachment 5B - 1
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. Planning Commission Meeting April 6, 2005
Attachment 5B - 2
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~_. --. --- -- li -Hi:.- CaroM
,cces> t'crr:tl1e sire", or adjacent property.
I . ~ A fence at least four (4) feet in height shall completely enclose any
undergro\:nd pooL and except as specifically provided in b, below,
, shall complelely en, lose any ponl r.rl11,~mlr.tr,rl Ann'" ,ground,
;" TIle fence required in a, above shall not be required for any pool
construct~ above grcund which is equipped with a detachable ladder
or a ladder which manually can be placed in a position where access
to the pool cannOI be obtained by use of any such ladder_
7, Residential District Fenees,
a, Boundary Lme F e:1ces, In <Ill parts 0 fLitrJe Canada, zoned residential
(funns o;cepled), no botmdary line fences shall exceed four (4) fea in
height except that:
(1) Fences on an comer lots erected within thirty (30) feet oftbe
intersecting property line shall be subject to Section
903,020,H. of this Ordinance,
(2) Fences along any rear property line whieh is .lso the rear
propert'/line ofan abutting lot shall not exceed six and one-
half (6-112) foet in he,!:>-f,t; and
. (3) Fences along a reM property line which line conslitutes the
side lot line 0 fan abutting lot shall not exceed sL"( and one-
half (6 1/2) feet in height for a distance as calculated in (4)
below and shall not exceed four (4) feet in height when
abutting a front yard line_
(4) S ubj eet to 0 ther res tri cti ons wi thin !Pis section, fences may be
constructed to Il. height of six and one. half (6 lI2) feet on or
along the side yard property line from the rear lot line to a
point equalling the front building tine of the principal
building_
(5) In l'Jose instances where 11 fence exists as an enclosure which
restricts access from the front to tho rear yard, a gate,
identifiable collapsible section. or other such means of
recognizable ingress shall be provided for emergency
vehides, Such ingress shall be unobstructed and a minimum
of ten (10) feet in width, TIle location of such ingress poims
903-8
.
.
,
Lauckrchle.. ,
9-7-4 9-7-5
t"l'-.
lot), such fence shall be set back at leaGt one foct (1 ') from the t .
street 'right of way or property line.
C. Solld Walls: Solid walls in excess of six leel (6') above adjacent
ground Qrade~ ahall be prohlbitod,
D_ Face: That side 01 the fence considered to be the face (finished side
as opposed to structural supports) shall face abutting property.
\;, Publlc Rights Of Way: No fences shall be permitted on public rights
01 way without approval of the City council. (
F, Abutment To Property Lines: Fences may be permitted along
property linea llub)ect to the following:
1, Physical Damages: Fences may abut property lines provided no
physical damages cf any kind result to abutting property.
2. Commercial And Industrial Districts: Fences in commerclel and
Industrial districts may be erected abutting the lot line to a height of
six leet (6') plus two leet (2') for a security (barbed wire or other)
arm,
3. Certilicate Of Survey: Where the property line is not clearly ('
defined, a certlfiCllte of survey may be required by the Building
",..~'
Official to establish the property line.
4. Height: Fences located within the sida and rear yard8etback .
areas bllllinning at the rollr building line and lences located within
the buildable, area of a lot shall not exceed sevenleet (7') in height
from finished grade,
-
6, Front Setback Area: No fence alonll or within the front setback
area shall be pormlned without the approval of the City CounciL
(Ord. 82, 7-17-1984)
9-7-5: VARIANCE: Any person wishing to erect or construct a fence (
in II manner contrary to this Chapter or Title 10 of this Code
shail first obtain a variance from the City Council for that purpose, (Ord, 82.
7-17.1984)
( ,
City of Lauderdale
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e
CITY OF WHITE BEAR LAKE
BUILDING INSPECTION DEPARTMENT
[ , ..
COMMUNITY DEVELOPMENT GUIDELINES FOR FENCES
FENCES ARE PERMITTED IN ALL YARDS SUBJECT TO THE FOLLOWING:
a. Sol id walls in excess of four (4) feet above adj acent i)
ground grades shall be prohibi~ed. Y
I
b. Fences shall be at least thirty (30) percent open through i
the structures to allow for passage of light, air and i
wind, or have an approved foundation_ I
c. That side of the fence considered to be the face
(finished side as opposed to structural supports) shall'
face abutting property. [
i
d. All fences over four (4) feet in height from the finished I
e grade ~hal1 require a, b~ilding .permi ~ an~ a ,si teplan. I
e, No fences shall'be penn tted on publ~c r~ght-of-ways. ,
.. " ' , ' i
, , . i
f. In the' case of a corner, lot, both yards abutt~ng a street I
shall be considered a front yard. '
i
g. Fences located within the buildable area of a lot may be :
up to eight (8), ,feet in height. !
, ,
h. Fences may be permitted along property lines and within i
required non-buildable setback areas, subject to the {
following: i
;
1, Fences may be placed along property lines provided I
no construction, grading, or drainage damage results '
to abutting property.
2, Fences in commercial and industrial districts may be
erected along the side and rear lot lines to a
height of eight (8) feet "(i th9LWi thout a security
arm' for barbed .W'ire., ' In no, case shall a fence or
security arm extension encroach" over the property
line. ,(Ref. Ord. 7'7'4,. '1/10/89).
e
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FENCES
City Code 11-1857
C'-
Fences are permitted to the property line. Fences in the front yard shall not be
over 48 inches in height. Fences in the rear yard can be 6 feet. Any fence
with a height of more than 6 feet requires a building permit and must be
structurally designed to withstand wind loads. Permits for fences over 6 feet
in height must be approved by the Building Inspection Dept. and the Planning e
Department
Corner lot -- no fence shall obstruct vision within the sight triangle,
Sight triangle - see below,
SIGHT TllIANGLE
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11155 ROBINSON DRIVE. COON RAPIDS, MN 55433~3761 (612) 755~2880 . FAX (612) 767~6491
,
CITY OF INVER GROVE HEIGHTS
--" .----~,.._-- -_.---- -_.__.~ -...-... ..---_.---'" -
. FENCES
A fence permit is required for all installations of fences, The homeowner or contractor
must complete a building permit application form and a plot plan diagram showing the
proposed fence location,
The permit fee is $15,00,
. Fences must not extend beyond your property line, Please note that property lines
along roadways are located at the street right-of-way, not the curb,
. The exterior or finished side of the fence must face to the outside or away from the
property being fenced,
. Barbed wire and any other materials that prove dangerous or hazardous are not
allowed in residential zoned areas,
. The minimum distance for a solid fence from the face of curbing is 15 feet
. The maximum fence height is 7 feet, except as stated below:
. :=:> Front Yard; The maximum height is 42 inches, The fence shall have at least
75% of its area open'for clear visibility, i.e" cb.ain link,
:=:> Corner Lot To maintain traffic visibility at intersections, fences located on
the outside corner of the lot shall not exceed 42 inches in height. The fence
must have at least 75% of its area open for clear visibility,
:=:> The outside corner is a triangular shaped area formed by the property lines
(of each street right-of-way) and a line between the points measured 30 feet
in each direction from the lot corner along the property lines
. All fences are to be maintained so as not to be unsightly or present harmful health or
safety conditions,
. Contact 'Gopher State One Call" (454-0002) 48 hours before digging,
CITY CODE SECTION 425
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EFFECTIVE 3-11-96
handautltences
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-=- 'Or=-- ,
Plan Examiners i
OFFICE OF LICENSE, INSPECTIONS AND
a CITY OF SAINT PAUL ENVIRONMENTAL PROTECTION
Roberl Kessler. Director
BU1LD[NG INSPECTION AND DESIGN
Office of License., Inspections & LOWRY PROFCSSIONAL BUILDING TefephQne: 611-266.9090 .
- Environmen{al protection
350 Sf. Peter Sf.. Suite 3/0 Suite 300 Facsimile: 611-166-9099
Sainr Paul. MN 55102-15/0 FaL 612-266-9099 350 St. Peter Street 612-266-9114
pum Exam Inf(): 266-9007 Saini Paul, Minnesota 55/02-15/0
'Ir.!,T!lJ FENCE REQUIREMENTS
PERMIT - No person shall construct, or cause to be constructed, any fence in the City of St.
Paul without first obtaining a permit from the building official. '-"~iilit~;p4'".a
.~~1ll'm'1\11ii{fi~}'l'~nnfl~~t\l~t!tlIilljqg.~e;DI.QQPl\Rilmlitm~ '
i EEli. - $22,00 for the first 200 lineal feet or fraction thereof erecte<;l and $8,00 for each
additional 100 lineal feet or fraction thereof.
SITE PLAN - A site plan must be submitted showing the location; length, height and type of
fence (wood, chain link, etc,) being installed,
; HEIGHT OF FENCES - No fence shall be erected exceeding six feet six inches (6'6") in
i
'1 height above the sidewalk of finished grade of any residential parcel. Fences and all
i supporting structures shall be completely within the boundaries of such parcel. All fences
j erected between the front property line and the front setback line shall be no more than three
feet six inches (3 '6") in height (non-obscuring fencing such as chain link are exempt),
,
, Fences and all supporting structures including footings must be on the applicants property, If a
1
,1 reliable reference for establishing the lot lines is not present, the Building Inspector mayor.
i
j that a land survey be made, If there are any questions, please call 266-9002 between 7 :30
I 9:00 A,M, and discuss any problems with the Building Inspector before starting construction,
.,
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! CORNER CLEARANCE - No obscuring fence above a height of two feet (2') from the
1
! established street grades shall be permitted in a front yard on the comer side,
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( , ',""~g.~,~lfcJ.~!glHt1.!l.../.XBr;.wt~'tg~!~tP~9):l.tgt;jIlsiqt;9f.the...gatr/pp;ir~*~i[X)l.Y~~I~qlrf9r..,...
~~!gIrIJt9()p~.Il,~~tfssh~ll~rR~R~RlFOfRt;iIl9~ecurelY19ckecl'l'lh,entgt;ipoqli~n9tin
- "".Jl~~:NQIt::Qommer~~aJMclM\!lti,;fa.mily,.R.esid.ential, pool~Tequirellfive(5)ft!iighfence,
.'".-.-
BARBED WIRE FENCES - No barbed wire fence shall be constructed within the limits of the
City of St. Paul unless the following conditions are complied with;
1) No barbed wire may be installed in a residential district or on a lot occupied
residentially,
2) Barbed wire, not exceeding three strands, may be permitted on,the top of a fence,
providing that the arms do not project over public property, The minimum height of
the bottom strand of barbed wire shall not be less than six feet (6') from finished grade
3) In all cases where a' barbed wire fence is requested, an application shall be made to the
Building Inspection and Design Division, .
4) A certificate of insurance indemnifYing the City of Saint Paul shall be submitted wi
the application subject to the approval of the City Attorney as to form and in amount a~
set forth in Minnesota Statutes, Section 466,04, (Form from our Zoning Section),
"
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. CITY OF OAKDALE
1584 Hadley Avenue North
Oakdale, Minnesota 55128 .
612/739/5086 ~akdm.
612/730/2820 FAX
(b) Construction and Maintenance, Every fence shall be constructed in a substantial,
worlananlike manner and of substantial material reasonably suited for the purpose for
which the fence is proposed to be used, Fences shall be constructed so that their more
attractive side faces neighboring property, Every fence shall be maintained in a
condition of reasonable repair and shall not be allowed to become and remain in a
condition of disrepair or danger, or constitute a nuisance, public or private, Any such
fence which is, or has become dangerous to the public safety, health or welfare, is a
, public nuisance and the Oakdale Building Inspector shall commence proper proceedings
for the abatement thereof. Link fences, wherever permitted, shall be constrUcted in such a
manner that no barbed ends shall be at the top except in Industrial Districts, Electric
fences shall <iDly be permitted on farm property when related to farming and onfarms in
other districts when related to farming, but not as boundary fences, Barbed wire fences
shall only be permitted on farms or high-security needs,
\ ~
I Residential District Fences. In all parts of Oakdale, zoned residential and not a farm, no
I, :JK ,(c)
boundary line fence shall be erected or maintained more than eight (8) feet in height
I,
I' except that:
1 .
I
i (I) No fence shall be erected in any required front yard to a height in excess of four
1
(4) feet,
(2) On comer lots in all districts, no fence or planting in excess of thirty (30) inches
above the street center line grade shall be permitted within a triangular area
defined as follows: Beginningatthe intersection of the projected curbing lines of
two intersecting streets, !hence twenty (20) feet along one property line, thence
( diagonally to a point twenty (20) feet from the point of beginning on the other'
property line, thence to the point of beginning.
(3) In those instances where a fence exists as an enclosure which restricts access from
, the front to the rear yard,' a gate; identifiabk collapsible section, or other such
means of recognizable ingress shall be unobstructed and a minimwn of three (3)
feet in width, The location of such ingress points shall be positioned at any point
paralleling the front lot line, between the side lot property line and the principle
structure,
(4) Fences on the comer lots must receive special consideration from the Oakdale
Building Official to assure site safety before a Building Permit is issued, This
review may require the applicant to pay an additional fee if extraordinary means
need to be taken to ascertain impacts (i,e, consultation by a Traffic Engineer)_ .
(Rev,Il/4/94IOrd.#415)
.
OaWa/e does not discriminate Orl {be basis of race, <.:olvr, rfaHunalorlXiTl, sex, reli);lon.
, , SECTION.25~ 151 to 25-180 age urdlsabtlitystaru> in empJoym('tU orprwislUlI ofk'TVlce. GB/F
..,...- '
Revjsed 12115/94
MQh+ofi\8fL
. SECTION 11~0'1 (9) (G)
G. Fences, A permit shall be required for all fences, Permit fees
shall be in accordance with the Uniform Building Code as adol?ted
by Chapter 4 of the Mah tomedi Legislative Code.
Fences shall be permitted in all yards subject to the following:
i) Solid walls in excess of four feet in height shall be
I?rohibited.
ii) Fences in Residential Districts may be located on any lot line
to a height of four feet except tha t a fence up to six feet in
height may be erected on the side and rear lot line behind the
nearest front corner of the principal building.
iii) Should the rear 'lot 'line of a lot be common with the side lot
line of ,an abutting lot, that I?ortion of the rear lot line
equal to the required front yard of the abutting lot shall not
'be fenced to'a height of more than four feet.
iv) Fences located within the buildable area of eight feet or more
from~the rear lot line may be up to eight feet in height.
v) Fences in Commercial and Industrial Districts may be erected on
. ,the lot line to a height of six feet; to a height of eight feet
;with a security arm for barbed wire if a condi t ionaluse permi t
is obtained.
vi) Fences in excess of four feet shall be at least thirty I?ercent
(30'% ) ol?en throughout, the entire surface area of the fence.
This requirement is satisfied if the fence is at least thirty
percent (30'%)' open from ,at least one viewpoint along a 180'
degree arc from the outside surface of the fence.
vii) That side of the fence considered to be the face (facing as
applied to fence posts) 'shali face abutting property.
CONSTROCTION TIPS
- Locate your property corners prior to construction of any fence to
be located along a property line.
- Leave enough clearance between the fence and the property line for
accessibility for maintenance.
- Locate all underground utilities, such as gas 1 telef.Jhone,
electricity, and cable TV I?rior to constructing a fence.
- Have your neighbors in mind when you design your fence, since your
neighbors are as concerned with its apgearance as you are.
. - Maintain your fence in a condition of good repai::,
- A fence in a condition of disrel?air can be an eyesore and become a
danger to the safety, health, or welfare of you and your
neighbors.
.
EDtI~
City o~ Edina Land Use, Platting and Zoning 850.0.
7, Commercial kennels as defined by Subsection 300,01 of the City Code
8. Tourist homes, boarding houses or rooming houses, and other kinds of
transient occupancies,
9. Commercial food preparation or catering,
10. Automobile and equipment sales,
11, Landscaping and lawn maintenance service where landscaping materials
and equipment are stored or parked on the premises.
D, Permitted customary home occupations by residents who are physically unable
to ,be employedfull~e outside their residence may be allowed as a temporary
""conditional use, with v3\rianc~~\frorn the conditions of
".',", . paragraph A, of Subd,4 afthis Subsecti~ll 850,07, pursuant to the provisions of
, ' ' Subd, 5 of Subsection 850.04,
1 Subd,5'"'Fe~~,in theR-! and R-2 Districts. Fences erected in the R-I District and
I R-2'District s~~;:~o~ .'OIIne fOIl~Win~:' . , . . . , .
I A, Fen'4 :xcped,~g.four,fee( mhelght shalti16tbe erected Within a reqUired front
1 street setback or side street setback, pursuant to the provisions of paragraph 2, of
i Subd, 7 of Subsection 850.11.
t
is. No fence shall exeeed eight feet in,'height,
,) ,)".." \\\
, C. Fences shall be installed with the finished side facing neighboring properties_
( D. No fence shall be installed so as to obstruct a required clear view at street
intersections as required by Section 1405 of this Code,
~ 1\" .,'
Subd. 6 Exceptions to Setback Requirements. The fol1owin~Mt be considered
as encroachments into required setbacks: ,'"
A, Overhanging eaves not supported by posts or pillars. and bay windows nol
extending to the floor, which do not project more than three feet into the required
setback and which are not within'three feet of a lot line,
B, Sidewalks and driveways. but not patios.
C. Fences which do not exceed the height limitations imposed by this Subsectioa
850m. _
850 - 45
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,':-\1,-
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. CITY OF
e CHANHASSEN
690 CITY CENTER DRIVE * P.O. BOX 147 * CHANHASSEN. HINNESOTA ~
(612\ 937-1900 * FAX (612) 934-2524
FENCE REQUIREMENTS
L Complete a building permit application form,
2. Enclose 2 copies of a site plan showing the location of the fence in relation
to the lot lines,
3, The maximum fence height for residential fences is six (6) feet, (6) inches,
4, Opaque fences within the required front yard setback shall not exceed three
(3) feet in height and chain link f!~~es within the required front yard setback
shall not exceed four (4) feet i~h\;:lght.
%fif 'iit_",
e ill 'ik, -
5. Fences must be set back from,lhe prQperty line a minimum of one (1) inch,
~roper~ corner irons must I'e loc~d, exposed and verified at the final
InspeCtion, ,,1t' %1C
#1 z':;-
6. Fences must be built so, {flat the sideC"ontaining the framing supports and
cross pieces face the int~l'ior of the fencf,pwner's lot. "Good side" must face
adjoining propertie~;~~'
"if."~
7, Portions of fenc~sl!"'within the corner site 'triangle on corner lots shall not
exceed three,~(~ feet in height if opaque ~~,nstruction, or four (4) feet in
heighL1U;5<jfi~n construction. The two sid~s of the corner site triangle
coII1ffi~IT(ieJl1a:t;%.th'B~er:~f~lie;\!lOflflocafeujf3't the intersection of the two
;~_S:~~~C~f~~~~~~~~~~;~~~~t:~7~~:~~~~~g l~~:
jOllllllg the e (l~p,,!l~~Jace&~~~:~::;11,~~\i~~~~~i~l1ed(hagram,)
8, Call for a final inspection upg,Q. cQj:hpl~tioI1 of the fence. Approved survey
must be on site at all times. I ,~~'
V~'
9, State law requires that utilities be located prior to any construction, Call
Gopher State at 454-0002.
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to., PRINTED ON RECYCLED PAPER
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08/~O/OO 10: 17 FA.! 612 5)1 1188 ern: Ur. I.,,;!U':;j"AL """ ---
CrY5h~
,
g COMMUNITY DEVELOPMENT DEPARTMENT
BUlLDINO INPECI1Q':f DMSlON 'PHONE (7e3) nl.lOOO e
4141 DOUGlAS DRIVE FAX (763) S31-1188
CRYSTAL, MN :\:\442 TDD (763) 531-1049
1. REQUIRED INFORMATION WIlEN A1'l'LYING FOR A PERMIT:
a. Submil2 copies of a Certificate of Swyey or 2 copies of a plot plan drawn to scale
indic'lting the 101 dimc:nsiom. the locatiou and ground coverage area of existing
structure(s), and the locatiOtt and area of the proposed structure, Indicate the
setbacb from property line:;,
b, Submit 2 copies of drawings showing proposed designs and materials. Drawings
!hall be drawn to scale,
2. BUILDING CODE REOUlREl\'lENTS: (SEE DIAGRAM ON BACK PAGE)
a. Fences are not permitted to exceed 48" inches in the front yard. e
b, On a comer lot, only chain link type-fence, is permitted with openiI\gs at least 1
518" to 2", within 25' of the lot comer, On II corner lot, no $tructures or planting,
arc pcrmltted within 25' of any corner formed hy the intersecting of street property
lines or right-of-way of a railway intCl'llecting a street.
c, All fences must be located within the property lines, not on the line,
d. Fences located in the side and rear yards behind the front line of the principal
I building may be up to 6' high withoilt a permit.
,
e, Fences. which exceed 6 f(:et and up to 8 feel, do require a pemrit.
f. M~hetght o{any'fenca i$'8Jfeet!'
g, It is required that fences exceeding 4 feet in heiiht must have posts in the groW1d
at least 1/2 of the hl:ight of the f"'lce.
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.
See. 4-540, Fences.
(I) Purpose. The purpose of this Section is to enact minimum restrictions on fencing necessary to:
A. Ensure orderly development,
B. Allow a free flow of air, and prohibit unreasonable restrictions of view while allowing each
property owner an opportunity for privacy, property protection, and the ability to make
reasonable use of the property,
(2) Definition. A fence is defined for the purpose of the Zoning Code as any partition, structure, wall, or
gate erected as a dividing marker, barrier, or enclosure which is located within any yard or yards,
(3) General Requirements.
A. No person shall construct, cause to be constructed or erected any fence over six feet in height
without first obtaining a permit from the City,
B. Fences shall be located entirely upon the private property of the person causing the fence to be
constructed, Fences shall not be erected in the boulevard area of public streets,
C. Every fence shall be constructed in a substantial skillful manner and of substantial material
reasonably suitable for the purpose for which the fence is proposed to be used, Every fence shall
be maintained in a condition of reasonable repair and shall not be allowed to become and remain
in a condition of disrepair, danger, or constitute a nuisance) public or private. A fence which is or
has become dangerous to the public safety, health, or welfare is a public nuisance in accordance
with Chapter 17 ofthe City Code.
. 0, Fences constructed or partially constructed of barbed wire shall only be permitted in
indnstrially zoned districts and shall conform with the requirements of Section 6-400 of
the Zoning Code,
E, No limce shall be erected on a comer lot in the triangle formed by the front lot line, side street
lot line, and a straight line joining points on such property lines thirty feet from their intersection
at the comer of the lot when such action would materially impede vision between a height of 2
\/2 and ten feet above the center line grades of the adjacent intersecting streets.
F, Fences for special purposes and fences differing in construction, height, length, or location
/Tom the requirements of this Section may be permitted in any district in the City by the issuance
of a special use permit approved by the City Council upon a finding that such special purpose
fences:
\, Are necessary to protect and buffer the premises lor which such fences are intended or
adjacent fences arc intended for adjacent premises; and
2, Would not be deleterious to adjacent property nor to the general public health, safety,
or welfare; and
3. Would be consistent with the intent and purpose of the fence regulations as stated in
Section 4-540 (I) of the Zoning Code,
A special fence permit, if issued, may stipulate and provide for the height, location, and
construction type of the special fence thereby permitted or any other condition deemed necessary
to protect the public health, safety, and general welfare,
.
21
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.
(4) Residential Districts. No fence shall be erected in a residentially zoned district except in conformance
with the requirements ofthis Subsection,
A. Fences erected in the front yard ofa lot, as defined in Section 2-020 (76), [see drawings in
Section 2-020 (43)] shall not exceed 3 1/2 feet in height and shall have at least 75 percent of their
vertical surface plane open when viewed from a point perpendicular to that plane,
B. Fences in yards other than a front yard shall not e"ceed six feet in height and shall be
constructed so as to permit a free flow of air.
e. When a principal structure is located on a lot having more than one street side, the street side
of the lot toward which the structure is oriented shall be considered the front lot line and the yard
on that side shall be considered the front yard for purposes of fence regulation, The orientation of
the principal structure in residentially zoned districts shall be determined according to the
procedure described in Section 8-670 of the Zoning Code.
D. The framing material offences in residential districts shall be placed on the owner's side of the
fence or equally on both sides, Chain link and other mesh fences shall have knuckled ends at both
top and bottom, (Ord, No, 517, 1-24-84; Code of 1988; Code of2001)
Sec. 4-550. Horne Occupations.
(I) Home occupations shall confoTIn to the standards set forth in this Section, These standards are
intended to ensure that a home occupation is clearly secondary and incidental to the use of the dwelling
unit for residential purposes and to ensure compatibility of the home occupation with the residential
character of the neighborhood,
(2) Permitted home occupations shall not include the employment of more than one additional person on .
site who does not reslde on the premises. Furthermore, not more than one room or 25 percent of the gross
area of one floor, whichever is less, shall be used to conduct the home occupation, The appearance of a
residential dwelling shall in no way be changed or altered in a manner which would cause the premises to
differ from its residential character.
(3) Activities resulting from the operation of a home occupation shall be conducted entirely within the
enclosed area of a dwelling unit or storage, shall have no exterior storage of equipment or materials, and
shall not include the exterior display of anything except signs permitted by Chapter 9 of the Zoning Code,
(4) Operation of any wholesale or retail business shall not be permitted unless conducted entirely by mail
and does not included the sale, shipment, or delivery of merchandise on the premises, However,
occasional sales shall be permitted when such occasional sales are incidental to and not the primary
purpose of the home occupation.
(5) Not more than four additional vehicle trips per day shall be generated by a home occupation, AJJy
need for parking generated by the conduct of the home occupation shall be met off of the street only on
the driveway of the dwelling or in the garage and shall be consistellt with residential parking
requirements_
.
22
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